# Commodities Export Co., a Michigan Corporation v. U.S. Customs Service, an Agency of the U.S. Government

> Court of Appeals for the Sixth Circuit · March 30, 1992 · 957 F.2d 223

URL: https://www.frixlaw.com/law-library/cases/9482636

## Case

- **Full name:** COMMODITIES EXPORT CO., a Michigan Corporation, Plaintiff-Appellant, v. U.S. CUSTOMS SERVICE, an Agency of the U.S. Government, Defendant-Appellee
- **Court:** Court of Appeals for the Sixth Circuit
- **Decided:** March 30, 1992
- **Citations:** 957 F.2d 223
- **Precedential status:** Published
- **Opinion:** Concurrence by Nelson
- **Judges:** Merritt, Nelson, Celebrezze
- **Cited by:** 22 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9482636

## Opinion text

DAVID A. NELSON, Circuit Judge,
concurring.
I concur in the judgment and in most of Chief Judge Merritt’s scholarly opinion. Unlike my colleagues, however, I am not prepared to say that the district court failed to accord Commodities an adequate opportunity to present its due process arguments.
The reason the district court’s due process decision ought to be vacated, in my view, is that we erred in directing the district court to decide the due process issues in the first place. As indicated in the separate opinion I filed when this case was last before us, 888 F.2d at 439-40, I have thought from the beginning that the case belonged in the Court of International Trade and not in the district court.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9482636. Public record. Not legal advice.