VIVITAR CORP. v. UNITED STATES

Court No. 84-1-00067.

585 F.Supp. 1415 (1984)

VIVITAR CORPORATION, Plaintiff, v. The UNITED STATES, Defendant, K Mart Corporation, and 47th Street Photo, Applicants for Intervention.

United States Court of International Trade.

April 4, 1984.


Attorney(s) appearing for the Case

Stein, Shostak, Shostak & O'Hara, Washington, D.C. (Steven P. Kersner, Washington, D.C.), for plaintiff.

Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Washington, D.C., and Velta A. Melnbrencis, New York City, for defendant.

James C. Tuttle, Troy, Mich., Antitrust and Intern. Counsel, for proposed intervenor.

Howrey & Simon, Washington, D.C. (Robert W. Steele, John F. Bruce, Roger C. Simmons, Kevin P. O'Rourke, and Catherine M. Shea, Washington, D.C.), for proposed intervenor.

Miller, Cassidy, Larroca & Lewin, Washington, D.C. (Nathan Lewin, Jamie S. Gorelick, Washington, D.C., James L. Volling, Minneapolis, Minn.), for proposed intervenor.


RESTANI, Judge:

In the present mandamus action, 47th Street Photo and K Mart Corporation (K Mart) move pursuant to Rules 24(a)(2) and 24(b) of the Court of International Trade for intervention as a matter of right, or alternatively, for permissive intervention. For the following reasons, 47th Street Photo's application for intervention is granted as of right, and K Mart is granted leave to participate as amicus curiae pursuant to Rule 76 of this court.

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