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GIORGIO FOODS, INC. v. U.S.

Slip Op. 07-127, Court No. 03-00286.

515 F.Supp.2d 1313 (2007)

GIORGIO FOODS, INC., Plaintiff, v. UNITED STATES, Defendant, and L.K. Bowman Company, Monterey Mushrooms, Inc., and Mushroom Canning Company, Defendant-Intervenors.

United States Court of International Trade.

August 21, 2007.

Attorney(s) appearing for the Case

Arnold & Porter LLP, (Michael T. Shor) for Plaintiff Giorgio Foods, Inc.

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Paul D. Kovac and David Silverbrand), for Defendant United States Customs and Border Protection; and David A.J. Goldfine and Neal J. Reynolds, Office of the General Counsel, for Defendant U.S. International Trade Commission.

Kelley Drye Collier Shannon, (Michael J. Coursey and R. Alan Luberda) for Defendant-Intervenors L.K. Bowman Company, Monterey Mushrooms, Inc., and Mushroom Canning Company.

OPINION

WALLACH, District Judge.

I

INTRODUCTION

Plaintiff Giorgio Foods, Inc. ("Giorgio") has filed a Motion for Leave to Amend the Complaint seeking to amend its Complaint in five ways. First, it requests to drop its statutory claim that the United States International Trade Commission's ("ITC" or "the Commission") decision to deny it status as an "affected domestic producer...

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