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AMITY FABRICS, INC. v. DORFMAN

Civ. A. No. 735-63.

219 F.Supp. 792 (1963)

AMITY FABRICS, INC., Plaintiff, v. Ben DORFMAN, et al., individually, and as Commissioners of the United States Tariff Commission, Defendants.

United States District Court District of Columbia.

July 1, 1963.

Attorney(s) appearing for the Case

George Bronz, Washington, D. C. (Eugene Gressman, Washington, D. C., of counsel), for plaintiff.

William E. Nelson, Attorney, U. S. Department of Justice (John W. Douglas, Asst. Atty. Gen., Civil Division, Harland F. Leathers, Paul J. Grumbly, Attorneys, U. S. Department of Justice, Paul Kaplowitz, General Counsel, and Russell N. Shewmaker, Asst. General Counsel, U. S. Tariff Commission, Washington, D. C., of counsel), for defendants.

YOUNGDAHL, District Judge.

This is an action in the nature of mandamus which seeks to compel the Tariff Commission to include within the Tariff Schedules of the United States, as they are shortly to be published in their final form and proclaimed by the President, a certain provision dealing with "waterproof cloth." Defendants have moved to dismiss the complaint, or in the alternative for summary judgment, on the grounds that the relief sought involves matters left...

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