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MAPLE LEAF FISH CO. v. UNITED STATES

Court No. 81-10-01412.

566 F.Supp. 899 (1983)

MAPLE LEAF FISH CO., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

June 21, 1983.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn, New York City (David O. Elliott, New York City, on motion), for plaintiff.

J. Paul McGrath, Asst. Atty. Gen., Washington, D.C.; Joseph I. Liebman, New York City, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch (Madeline B. Kuflik, New York City, on motion), for defendant.

MEMORANDUM OPINION AND ORDER

CARMAN, Judge:

Defendant moves pursuant to Rules 12(b)(1) and 12(b)(5) of this court to dismiss this action arguing this court lacks jurisdiction to review the decisions of the President and the recommendation of the International Trade Commission (ITC) as set forth in the complaint and/or plaintiff has failed to state a claim upon which relief can be granted. Plaintiff asserts the court has jurisdiction pursuant to 28 U.S.C...

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