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ARBOR FOODS, INC. v. UNITED STATES

Court No. 85-1-00102.

607 F.Supp. 1474 (1985)

ARBOR FOODS, INC., Plaintiff, v. UNITED STATES, et al., Defendants.

United States Court of International Trade.

March 13, 1985.

Attorney(s) appearing for the Case

Graubard, Moskovitz & McCauley, Washington, D.C. (Alfred R. McCauley, Washington, D.C., on motion); Dykema, Gossett, Spencer, Goodnow & Trigg, Washington, D.C. (Norton Cutler, Washington, D.C., on motion), for plaintiff.

Richard K. Willard, Acting Asst. Atty. Gen., Washington, D.C., Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, Commercial Litigation Branch, New York City (Michael P. Maxwell and Veronica A. Perry, New York City, on cross-motion) (Beth Brotman, Office of Asst. Chief Counsel, Intern. Trade Litigation, U.S. Customs Service, of counsel on cross-motion), for defendants.

MEMORANDUM OPINION AND ORDER

CARMAN, Judge:

Plaintiff moves for summary judgment, or, in the alternative, a preliminary injunction. The defendants cross move for summary judgment, or, in the alternative, to dismiss for failure to state a claim.

Plaintiff has previously appeared before this Court seeking similar relief. In Arbor Foods, Inc. v. United States, 8 CIT ___, 600 F.Supp. 217 (1984) (Arbor I...

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