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FMC CORP. v. U.S.

Court No. 92-04-00287.

792 F.Supp. 1285 (1992)

FMC CORPORATION and Monsanto Company, Plaintiffs, v. UNITED STATES, Defendant, Rotem Fertilizers Ltd., Defendant-Intervenor.

United States Court of International Trade.

May 15, 1992.

Attorney(s) appearing for the Case

Gibson, Dunn & Crutcher, Joseph H. Price and Thomas P. Simon, Washington, D.C., for plaintiffs FMC Corp. and Monsanto Co.

Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice, Jeffrey M. Telep, of counsel: Jeffery B. Denning, Attorney-Advisor, Office of the Chief Counsel for Import Admin., U.S. Dept. of Commerce, Washington, D.C., for defendant.

Kaplan Russin & Vecchi, Dennis James, Jr. and Kathleen F. Patterson, Washington, D.C., for defendant-intervenor Rotem Fertilizers Ltd.

OPINION

TSOUCALAS, Judge:

Plaintiffs, FMC Corporation and Monsanto Company, have moved for a preliminary injunction to prevent the Government from liquidating any unliquidated entries of industrial phosphoric acid exported from Israel by defendant-intervenor Rotem Fertilizers Ltd. Rotem Fertilizers Ltd. is the corporate successor to Negev Phosphates, Ltd. ("Negev"), a party to the underlying administrative proceeding...

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