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BABCOCK & WILCOX CO. v. UNITED STATES

No. 80-5-00772.

521 F.Supp. 479 (1981)

The BABCOCK & WILCOX COMPANY, Plaintiff, v. The UNITED STATES, Defendant.

United States Court of International Trade.

August 20, 1981.

Attorney(s) appearing for the Case

Harris, Berg, & Creskoff, Washington, D. C. (Stephen M. Creskoff and Eric I. Garfinkel, Washington, D. C., at the oral argument); deKieffer, Berg & Creskoff, Washington, D. C. (Donald E. deKieffer and Eric I. Garfinkel, Washington, D. C., on the briefs), for plaintiff.

Stuart E. Schiffer, Acting Asst. Atty. Gen. (Joseph I. Liebman, Washington, D. C., Attorney in Charge, Field Office for Customs Litigation, Francis J. Sailer, Washington, D. C., at the oral argument and on the brief), for defendant.

Coudert Brothers, Washington, D. C. (Charles R. Stevens, Milo G. Coerper, Sherman E. Katz and John D. Maiers, Washington, D. C., of counsel), for Sumitomo Metal Industries, Ltd., amicus curiae.

Steptoe & Johnson, Washington, D. C. (Monroe Leigh, Daniel J. Plaine, Fred S. McChesney and Alice L. Mattice, Washington, D. C., of counsel), for Nippon Steel Corp., amicus curiae.

RICHARDSON, Judge:

In these consolidated actions instituted by plaintiff pursuant to 28 U.S.C. § 1581(c) and 19 U.S.C. § 1516a to review negative injury determinations of the United States International Trade Commission ["Commission"] in Investigation No. 731-TA-15 (Preliminary) relative to pipes and tubes of iron or steel from Japan, made on April 14, 1980, and June 24, 1980, respectively, plaintiff has moved pursuant to Rule 56.1 for determination of the...

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