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FORD MOTOR CO. v. U.S.

Slip Op. 14-65. Court No. 09-00151.

992 F.Supp.2d 1346 (2014)

FORD MOTOR COMPANY, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

June 17, 2014.

Attorney(s) appearing for the Case

Matthew W. Caligur and C. Thomas Kruse, Baker & Hostetler, LLP, of Houston, TX, for Plaintiff. Of counsel on the briefs was Paulsen K. Vandevert, Ford Motor Company, of Dearborn, MI.

Barbara S. Williams, Attorney-in-Charge, and Justin R. Miller, Trial Attorney, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, and Tara K. Hogan, Senior Trial Counsel, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, D.C., for Defendant. With them on the briefs were Stuart F. Delery, Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director. Of counsel on the brief was Yelena Slepak, Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection of New York, NY.

OPINION & ORDER

BARNETT, Judge:

Defendant, United States, moves, pursuant to USCIT Rule 12(b)(1) and the Declaratory Judgment Act, 28 U.S.C. § 2201, to dismiss Plaintiff's, Ford Motor Company, Second Amended Complaint or, in the alternative, for judgment on the agency record pursuant to USCIT Rule 56.1. (Mem. in Supp. Def.'s Mot. Dismiss, & in the Alternative, Def.'s Mot. J. A.R. ("Def.'s Mot.") 1.) Plaintiff opposes Defendant's motion...

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