United States Federal Circuit

The US Customs Service wrongfully revoked permission for plaintiff to sell duty-free fuel from its warehouse since it issued the revocation ruling without first ascertaining whether any federal tax had actually been assessed on plaintiff's fuel.

Appellate Information

• Decided 08/17/2005
• Published 08/17/2005

Judges

• RADER, Circuit Judge., Before LOURIE, RADER, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellees:
  
• Brian S. Goldstein, Duane Morris LLP, of New York, New York, argued for plaintiff-appellee.   On the brief were J. William Koegel, Jr., Herbert C. Shelley and Alice A. Kipel, Steptoe & Johnson, LLP, of Washington, DC. Of counsel was Bruce C. Bishop., Amy M. Rubin, Attorney, International Trade Field Office, Civil Division, United States Department of Justice, of New York, New York, argued for defendant-appellant.   With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch, Civil Division, of Washington, DC;  and, Barbara S. Williams, Attorney in Charge, International Trade Field Office.   Of counsel on the brief was Beth C. Brotman, Chief Counsel, United States Customs and Border Protection, of New York, New York.