Pentax Corporation v. Myhra

72 F.3d 708 PENTAX CORPORATION, a Delaware corporation, Plaintiff-Appellant, v. Donald W. MYHRA, in his official capacity as District Director of Customs for the District of Great Falls, MT; U.S. Customs Service, an agency of the U.S., Defendants-Appellees. No. 94-35277. United States Court of Appeals, Ninth Circuit. Argued and Submitted May 2, 1995. Decided July 31, 1995. As Amended on Denial of Rehearing Dec. 26, 1995. Charles H. Bayar, Bayar Law Office, New York City, for plaintiff-appellant. E. Roy Hawkens, U.S. Dept. of Justice, Washington, DC, for defendants-appellees. Appeal from the United States District Court for the District of Montana. ORDER The opinion filed July 31, 1995, and published at 61 F.3d 731 (9th Cir.1995), is amended as follows: 1. At slip op. page 9246, ( 61 F.3d 731 , 734), just before part "IV. CONCLUSION," the following two paragraphs are inserted: Pentax contends that if we dismiss this appeal for lack of subject matter jurisdiction, we should remand the case to the district court with instructions to transfer it to the CIT, pursuant to 28 U.S.C. Sec. 1631 . Pentax argues the interests of justice require such a transfer, because if the case is not…