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DURFEY v. U.S. SEC'Y OF AGR.

Slip Op. 07-89, Court No. 06-00316.

495 F.Supp.2d 1337 (2007)

DURFEY, et. al. v. UNITED STATES SEC'Y OF AGRICULTURE, Defendant.

United States Court of International Trade.

June 5, 2007.

Attorney(s) appearing for the Case

Akin Gump Strauss Hauer & Feld LLP (Spencer Stewart Griffith, Bernd G. Janzen, Bryce V. Bittner), Washington, DC, for Plaintiffs Ted Durfey, Pam Durfey.

Peter D. Keisler, Assistant Attorney General; Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Delisa M. Sanchez); Jeffrey Kahn, Attorney, Office of the General Counsel, Department of Agriculture (of Counsel) for Defendant United States Secretary of Agriculture.

OPINION AND ORDER

POGUE, Judge.

Plaintiffs, Ted and Pam Durfey, initiated this action on September 22, 2006, by filing a complaint seeking review of the United States Department of Agriculture's ("USDA") denial of Plaintiffs' application for Trade Adjustment Assistance ("TAA"). Defendant, the USDA, responded by filing a USCIT R. 12(b)(1) motion, seeking to dismiss the case for lack of subject matter jurisdiction, claiming that a final determination had yet...

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