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WOLVERINE TUBE (CANADA), INC. v. U.S.

Slip Op. 99-16. Court No. 98-12-03241.

36 F.Supp.2d 410 (1999)

WOLVERINE TUBE (CANADA), INC., Plaintiff, v. The UNITED STATES, Defendant, and Hussey Copper, Ltd. et al., Intervenor-Defendants.

United States Court of International Trade.

February 5, 1999.

Attorney(s) appearing for the Case

Rogers & Wells LLP (Carrie A. Simon and Ryan Trainer), Washington, DC, for the plaintiff.

David W. Odgen, Acting Assistant Attorney General; David M. Cohen, Director, Velta A. Melnbrencis, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Michelle Lynch); and Office of Chief Counsel for Import Administration, U.S. Department of Commerce (Linda S. Chang), for the defendant, of counsel.

Collier, Shannon, Rill & Scott, PLLC (David A. Hartquist, Jeffrey S. Beckington, Mary T. Staley and John M. Herrmann), Washington, DC, for the intervenor-defendants.

Memorandum

AQUILINO, Judge.

The above-named parties agreed during oral argument that this action raises an issue of first impression, namely, whether the Court of International Trade has jurisdiction to enjoin administrative proceedings by the International Trade Administration, U.S. Department of Commerce ("ITA") pending resolution of an appeal to a binational panel constituted under the North American Free Trade Agreement ("NAFTA") that might obviate...

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