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LINCOLN GENERAL INS. CO. v. U.S.

Slip Op. 04-73. Court No. 03-00546.

341 F.Supp.2d 1265 (2004)

LINCOLN GENERAL INSURANCE CO., Plaintiff, v. UNITED STATES, Defendant, and Fresh Garlic Producers Ass'n, Christopher Ranch, L.L.C., Farm Gate, L.L.C., the Garlic Co., Valley Garlic, and Vessey and Co., Defendant-Intervenors.

United States Court of International Trade.

June 18, 2004.

Attorney(s) appearing for the Case

Sandler, Travis & Rosenberg, P.A. (T. Randolph Ferguson, San Francisco, FL, Philip S. Gallas, Washington, DC, Mark R. Ludwikowski, Burke, VA, and Arthur Purcell, Miami, FL), for Plaintiff.

Peter D. Kessler, Assistant Attorney General; David M. Cohen, Director, Jeanne E. Davidson, Assistant Director, Civil Division, Commercial Litigation Branch, United States Department of Justice, (Stefan Shaibani); and Office of Chief Counsel for Import Administration, U.S. Department of Commerce (Scott D. McBride), for Defendant, of counsel.

Collier Shannon Scott (Michael J. Coursey and John M. Herrmann), Washington, DC, for Defendant-intervenors.

OPINION

MUSGRAVE, Judge.

Lincoln General Insurance Company ("Lincoln") is a surety on bonds for certain importers which entered garlic into the United States from the People's Republic of China ("PRC") subject to Antidumping Duty Order: Fresh Garlic From the People's Republic of China, 59 Fed.Reg. 59209 (Nov. 16, 1994). Invoking the jurisdiction of this Court under 28 U.S.C. § 1581(c) or § 1581(i), Lincoln seeks vacatur and remand of the...

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