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ROYAL BUSINESS MACHINES, INC. v. UNITED STATES

Court No. 80-11-00056.

507 F.Supp. 1007 (1980)

ROYAL BUSINESS MACHINES, INC., Plaintiff, v. The UNITED STATES, Philip M. Klutznick, Secretary of Commerce; Robert E. Herzstein, Under Secretary of Commerce for International Trade, Department of Commerce: Robert E. Chasen, Commissioner of Customs, Los Angeles, California, Defendants. Smith-Corona Group, Consumer Products Division, SCM Corporation, Intervenor.

United States Court of International Trade.

December 29, 1980.

Attorney(s) appearing for the Case

Rode & Qualey, New York City, Richard F. Treacy, Jr., Asst. Gen. Counsel, Washington, D. C. (Michael S. O'Rourke and Patrick Gill, New York City, of counsel), for plaintiff.

Alice Daniel, Asst. Atty. Gen., Washington, D. C. (Velta A. Melnbrencis, New York City, of counsel), for defendants.

Eugene L. Stewart, Washington, D. C. (Terence P. Stewart, of counsel), for intervenors.

WATSON, Judge:

Plaintiff, the importer of a typewriter known as the Royal Administrator, brought this action on November 18, 1980, pursuant to 5 U.S.C. § 7021 and 28 U.S.C. § 1581(i)2 asking the Court to exercise its power under 28 U.S.C. §§ 15853 and 2643(c)(1)4 to enjoin defendants from "retroactively" modifying the antidumping...

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