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CARGILL, INC. v. U.S.

No. 00-04-00189, SLIP OP. 04-25.

318 F.Supp.2d 1279 (2004)

CARGILL, INCORPORATED, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

March 18, 2004.

Attorney(s) appearing for the Case

Neville Peterson LLP (Michael K. Tomenga, George W. Thompson and Julia S. Padierna-Peralta), Washington, DC, for Cargill, plaintiff.

Peter D. Keisler, Assistant Attorney General; Barbara S. Williams, Attorney-in-Charge, International Trade Field Office, Mikki Graves Walser, Commercial Litigation Branch, Civil Division, United States Department of Justice; Beth C. Brotman, Office of the Assistant Chief Counsel, United States Bureau of Customs and Border Protection, for the United States, defendant, of counsel.

OPINION

TSOUCALAS, Senior Judge.

Plaintiff, Cargill, Incorporated ("Cargill") moves pursuant to USCIT R. 56 for summary judgment on the ground that there is no genuine issue as to any material facts. Defendant cross-moves for summary judgment seeking an order dismissing the case.

JURISDICTION

The Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1581(a) (2000).

STANDARD OF REVIEW

On a motion for summary...

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