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NAKAJIMA ALL CO., LTD. v. U.S.

Court No. 87-01-00089.

761 F.Supp. 142 (1991)

NAKAJIMA ALL CO., LTD., Plaintiff, and Sears, Roebuck and Co., Intervenor-Plaintiff, v. UNITED STATES, Defendant, and Smith Corona Corporation, Intervenor-Defendant.

United States Court of International Trade.

April 1, 1991.

Attorney(s) appearing for the Case

McDermott, Will & Emery (R. Sarah Compton and David J. Levine), Washington, D.C., for plaintiff.

Barnes, Richardson & Colburn (Robert E. Burke, Brian F. Walsh and James A. Karamanis), Chicago, Ill., for intervenor-plaintiff.

Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civil Div., U.S. Dept. of Justice (Velta A. Melnbrencis); Office of the Chief Counsel for Import Admin., U.S. Dept. of Commerce (Pamela A. Green), of counsel, Washington, D.C., for defendant.

Stewart and Stewart (Eugene L. Stewart, Terence P. Stewart, James R. Cannon, Jr. and John M. Breen), Washington, D.C., for intervenor-defendant.

MEMORANDUM & ORDER

AQUILINO, Judge:

The plaintiff has requested that the court affirm the final results of remand proceedings filed by the International Trade Administration, U.S. Department of Commerce ("ITA") in conjunction with slip op. 90-67, 14 CIT ___, 744 F.Supp. 1168 (1990), and that final judgment be entered in its favor. However, since those results are stated to be based on a clearly erroneous premise...

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