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OMG, INC. v. U.S.

Slip Op. 18-63 Court No. 17-00036.

321 F.Supp.3d 1262 (2018)

OMG, INC., Plaintiff, v. UNITED STATES, Defendant, and Mid Continent Steel & Wire Inc., Defendant-Intervenor.

United States Court of International Trade.

May 29, 2018.

Attorney(s) appearing for the Case

Ned H. Marshak, Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, NY, argued for plaintiff. With him on the brief were David M. Murphy and Andrew T. Schutz.

Sosun Bae, Trial Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for defendant. With her on the brief were Chad A. Readler, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director. Of counsel was Nikki Kalbing, Office of the Chief Counsel for Trade Enforcement & Compliance, U.S. Department of Commerce of Washington, DC.

Adam Gordon, The Bristol Group PLLC, of Washington, DC, argued for defendant-intervenor. With him on the brief was Ping Gong.

OPINION

A prominent psychologist once suggested that it must be tempting "if the only tool you have is a hammer, to treat everything as if it were a nail." ABRAHAM MASLOW, PSYCHOLOGY OF SCIENCE: A RECONNAISSANCE 15-16 (1966). Plaintiff OMG, Inc. ("OMG") believes that the Department of Commerce (...

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