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WOOTEN v. U.S. SECRETARY OF AGRICULTURE

Slip Op. 06-101. Court No. 05-00208.

441 F.Supp.2d 1253 (2006)

Henry H. WOOTEN, III, Plaintiff, v. UNITED STATES, SECRETARY OF AGRICULTURE, Defendant.

United States Court of International Trade.

July 6, 2006.

Attorney(s) appearing for the Case

Miller & Chevalier Chartered, Washington, DC (Daniel P. Wendt, and Elizabeth Puskar) for Plaintiff.

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; Patricia M. McCarthy, Assistant Director; Delfa Castillo, Trial Attorney, U.S. Department of Justice, Civil Division, Commercial Litigation Branch; and Jeffrey Kahn, Attorney-Advisor, Office of the General Counsel, International Affairs & Commodity Programs Division, U.S. Department of Agriculture, of Counsel, for Defendant.

OPINION

WALLACH, Judge.

I

Introduction

This matter comes before the court on Defendant's Motion to Dismiss ("Defendant's Motion") filed on January 18, 2006, and Plaintiff's Motion for Judgment Upon Agency Record ("Plaintiffs Motion") filed on February 22, 2006. Plaintiff has failed to establish the facts necessary to warrant his eligibility for trade adjustment assistance benefits. Defendant's Motion is granted and Plaintiffs Motion...

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