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ASS'N OF FOOD INDUS., INC. v. VON RAAB

Court No. 85-11-01578.

624 F.Supp. 1557 (1985)

ASSOCIATION OF FOOD INDUSTRIES, INC., (PISTACHIO GROUP), Zenobia Company, J.F. Braun and Sons, Inc., American Pistachio Corporation, Setton International Food, Inc., Ace Pecan Company, John B. Sanfillippio and Sons Company, Inc., Plaintiffs, v. William VON RAAB, Commissioner, United States Custom Service, Defendant, and California Pistachio Commission, et al., Defendant-Intervenors.

United States Court of International Trade.

December 17, 1985.

Attorney(s) appearing for the Case

Olsson and Frank, P.C., (Richard L. Frank, and David F. Weeda, Washington, D.C., on brief), for plaintiffs.

Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Platte B. Moring, III, Washington, D.C., for defendant.

Busby, Rehm & Leonard P.C., (Will E. Leonard, Jonathan Hemenway Glazier and Munford Page Hall, II, Washington, D.C., on brief), for defendant-intervenors.

MEMORANDUM OPINION AND ORDER

WATSON, Judge:

The plaintiff importers and processors of pistachio nuts brought this action for declaratory and injunctive relief against a ruling of the Customs Service, the effect of which would be that the containers of pistachio nuts which they sell must be marked to show the country of origin of the nuts.

The ruling in question, T.D. 85-158, was published on September 18, 1985 (50 Fed. Reg. 37842) and determined...

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