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WASHINGTON RED RASPBERRY COM'N v. U.S.

Consolidated Court No. 85-06-00789.

657 F.Supp. 537 (1987)

WASHINGTON RED RASPBERRY COMMISSION, Red Raspberry Committee of the Oregon Caneberry Commission, Red Raspberry Committee of the Northwest Food Processors Association, Red Raspberry Member Group of the American Frozen Food Institute, Washington Red Raspberry Growers Association, North Willamette Horticultural Society, Rader Farms, Ron Roberts, and Shuksan Frozen Foods, Inc., Plaintiffs, v. UNITED STATES, United States Department of Commerce, and Malcolm Baldrige, In His Official Capacity as Secretary of Commerce, Defendants, and Abbotsford Growers Co-Operative Union, Jesse Processing Ltd., Mukhtiar & Sons Packers, Ltd. and East Chilliwack Fruit Growers Co-Operative, Intervenor-Defendants.

United States Court of International Trade.

March 17, 1987.

Attorney(s) appearing for the Case

Kilpatrick & Cody (Joseph W. Dorn and Anthony H. Anikeeff), Washington, D.C., for plaintiffs.

Richard K. Willard, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice (J. Kevin Horgan); and Office of Asst. General Counsel for Import Administration, U.S. Dept. of Commerce (Eileen P. Shannon), Washington, D.C., for defendants.

Cameron, Hornbostel & Butterman (William K. Ince and Caren Z. Turner), Washington, D.C., for intervenor-defendants Abbotsford Growers Co-op. Union, Jesse Processing Ltd. and Mukhtiar & Sons Packers, Ltd.

Bogle & Gates (Joel R. Junker and Christopher N. Weiss), Seattle, Wash., for intervenor-defendant East Chilliwack Fruit Growers Co-op.

Opinion & Order

AQUILINO, Judge:

This consolidated case encompasses complaints by the plaintiff red raspberry growers, packers and associations (1) that the International Trade Administration, U.S. Department of Commerce ("ITA") unlawfully excluded the Abbotsford Growers' Co-operative Union from its final affirmative determination of sales at less than fair value in Red Raspberries from Canada, 50 Fed.Reg. 19,768 (May 10, 1985), and (2...

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