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A.N. DERINGER, INC. v. U.S.

No. 85-06-00842.

723 F.Supp. 816 (1989)

A.N. DERINGER, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

October 11, 1989.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn (Sandra Liss Friedman and James S. O'Kelly), New York City, for plaintiff.

Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civil Div., U.S. Dept. of Justice (Elizabeth C. Seastrum, Washington, D.C., and Velta Melnbrencis, New York City), of counsel: Matthew Jaffe, Attorney-Advisor, U.S. Department of Commerce, International Trade Administration, Washington, D.C., for defendant.

MEMORANDUM OPINION

TSOUCALAS, Judge:

Defendant moves for summary judgment, pursuant to Rule 56 of the Rules of the United States Court of International Trade (USCIT), dismissing this action for lack of subject matter jurisdiction or, alternatively, for failure to state a claim upon which relief can be granted. Plaintiff opposes the motion arguing that the Court has jurisdiction over this action under 28 U.S.C. § 1581(a) (1982), and that there are material...

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