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FUJITSU TEN CORPORATION OF AMERICA v. U.S.

Slip Op. 97-11. Court No. 95-03-00230.

957 F.Supp. 245 (1997)

FUJITSU TEN CORPORATION OF AMERICA, Plaintiff, v. UNITED STATES of America, Defendant.

United States Court of International Trade.

January 29, 1997.

Attorney(s) appearing for the Case

Katten Muchin & Zavis, Chicago, IL (Mark S. Zolno, Kathleen M. Murphy, Michael E. Roll, of counsel), for plaintiff.

Frank W. Hunger, Assistant Attorney General of the United States, David M. Cohen, Director Commercial Litigation Branch Civil Division, United States Department of Justice, Rhonda Schnare, Attorney, Commercial Litigation Branch, Dean Pinkert, Attorney-Advisor, Office of the Chief Counsel for Import Administration, Department of Commerce, Washington, DC, for defendant.

OPINION

WALLACH, Judge:

This matter is before the Court on a motion to dismiss the action made by the government prior to filing its Answer, pursuant to CIT Rules 12(b)(1) and 12(b)(5). The government contends that this Court lacks subject matter jurisdiction over this action, and that the third of Plaintiff's three causes of action fails to state a claim upon which relief can be granted.

I. BACKGROUND

Fujitsu Ten Corporation of America...

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