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HOED v. U.S. SECRETARY OF AGRICULTURE

Slip Op. 08-6. Court No. 06-00445.

533 F.Supp.2d 1354 (2008)

Arthur J. Den HOED, Plaintiff, v. UNITED STATES SECRETARY OF AGRICULTURE, Defendant.

United States Court of International Trade.

January 16, 2008.

Attorney(s) appearing for the Case

Skadden, Arps, Slate, Meagher & Flom LLP, Washington, DC (Jeffrey D. Gerrish; Neena G. Shenai) for Arthur J. Den Hoed, plaintiff.

Jeffrey S. Bucholtz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Devin A. Wolak); of counsel: Jeffrey Kahn, Office of the General Counsel, United States Department of Agriculture, for the United States Secretary of Agriculture, defendant.

Before: Senior Judge Nicholas Tsoucalas.

OPINION

TSOUCALAS, Senior Judge.

Defendant United States Secretary of Agriculture ("Defendant" or "Secretary") moves pursuant to USCIT R. 12(b)(5) to dismiss this action for failure to state a claim upon which relief may be granted: Plaintiff Arthur J. Den Hoed ("Plaintiff') opposes the motion and moves pursuant' to USCIT R. 7 to supplement the administrative record. Plaintiff contends that the record is inadequate and argues that Defendant's denial...

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