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BUDD CO., RY. DIVISION v. UNITED STATES

No. 80-3-00505.

507 F.Supp. 997 (1980)

The BUDD COMPANY RAILWAY DIVISION, Plaintiff, v. The UNITED STATES, Defendant, Nissho-Iwai American Corporation and Kawasaki Heavy Industries, Ltd., Intervenors Parties-in-Interest, and Breda Costruzioni Ferroviarie, S.p.A., Intervenor Party-in-Interest.

United States Court of International Trade.

December 29, 1980.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn, New York City (Andrew P. Vance and Raymond F. Sullivan, New York City, on the briefs), for plaintiff.

Alice Daniel, Asst. Atty. Gen., Washington, D. C., David M. Cohen, Director, International Trade Field Office, Commercial Litigation Branch, New York City (Francis J. Sailer, Washington, D. C., on the brief), for the United States, defendant.

Arent, Fox, Kintner, Plotkin & Kahn (Stephen L. Gibson and Evan R. Berlack, Washington, D. C., on the briefs), for Nissho-Iwai American Corp. and Kawasaki Heavy Industries, Ltd., intervenors parties-in-interest.

Bosco & Curry, Washington, D. C. (Joseph A. Bosco, Washington, D. C., on the briefs), Landfield, Becker & Green (William W. Becker, Washington, D. C., on the briefs), for Breda Costruzioni Ferroviarie, S.p.A., intervenor party-in-interest.

OPINION AND ORDER

BOE, Judge:

The plaintiff, The Budd Company, Railway Division, which assembles rail passenger cars as well as manufactures certain components and parts therefor at its plant in Philadelphia, Pennsylvania, brings this action under section 516A(1)(D) of the Tariff Act of 1930 as amended by the Trade Agreements Act of 1979 contesting the preliminary determination by the United States International Trade Commission (Commission) of "No Reasonable...

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