NORTH DAKOTA WHEAT COM'N v. U.S.

SLIP OP. 04-93. Court No. 03-00838.

342 F.Supp.2d 1319 (2004)

NORTH DAKOTA WHEAT COMMISSION, U.S. Durum Growers Association, and Durum Growers Trade Action Committee, Plaintiffs, v. UNITED STATES, Defendant, and Canadian Wheat Board, Defendant-Intervenor.

United States Court of International Trade.

July 29, 2004.


Attorney(s) appearing for the Case

Robins, Kaplan, Miller & Ciresi, LLP (Charles A. Hunnicutt), for Plaintiff.

James M. Lyons, Acting General Counsel, Office of General Counsel, United States International Trade Commission, (Michael Diehl), Attorney-Advisor, for Defendant.

Steptoe & Johnson LLP, Richard 0. Cunningham, Edward J. Krauland, (Matthew S. Yeo), Tina Potuto Kimble, for Defendant-Intervenor.


OPINION

BARZILAY, Judge.

In this case, the court is called upon to decide whether plaintiffs, the North Dakota Wheat Commission, U.S. Durum Growers Association, and Durum Growers Trade Action Committee ("plaintiffs") have failed to establish jurisdiction in this court as defendant, the United States International Trade Commission ("Commission"), argues in its motion to dismiss. Specifically, the government argues that the North Dakota Wheat Commission commenced...

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