United States Federal Circuit

In a suit to reclaim duties owed on imported produce, dismissal of the government's complaint as time-barred is reversed where the complaint was filed within the period permitted by defendant's waiver of the statute of limitations.

Appellate Information

• Decided 09/13/2004
• Published 09/13/2004

Judges

• BRYSON, Circuit Judge., Before NEWMAN, RADER, and BRYSON, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Michael S. Dufault, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for plaintiff-appellant.   With him on the brief were Peter D. Keisler, Assistant Attorney General;  David M. Cohen, Director;  and Patricia M. McCarthy, Assistant Director.


• For Appellees:
  
• Robert Scott Whiteley, Horton, Whiteley & Cooper, of Oakland, California, argued for defendant-appellee.   With him on the brief was Craig A. Mitchell, of Newport Beach, California.