Turbon Products, Inc. v. United States

16 C.I.T. 95 (1992)

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Turbon Products, Inc. v. United States

United States Court of International Trade
16 C.I.T. 95 (1992)

Facts

Turbon Products, Inc. (Turbon) (plaintiff) requested that its trial against the United States Customs Service (customs) (defendant) be held in Philadelphia rather than in New York City. Turbon’s justification was that the witnesses and much of the evidence were located closer to Philadelphia. Customs argued that the factors outlined in Zoltek Corp. v. United States weighed in favor of having the trial in New York City. Specifically, Turbon had filed a premature trial request rather than asking for a motion of extension of time, the questions involved were more likely to be questions of law than fact, the trial witnesses were in New York City, the testimony of witnesses who could not travel to New York could be recorded, there was no need to have the case near the port of importation, and it was more expensive to bring all of customs’ witnesses and the court to Philadelphia than to bring Turbon’s witnesses to New York. The court agreed with customs, and Turbon filed for reconsideration.

Rule of Law

Issue

Holding and Reasoning (Musgrave, J.)

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