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ARBOR FOODS, INC. v. UNITED STATES

Court No. 84-12-01722.

600 F.Supp. 217 (1984)

ARBOR FOODS, INC., Plaintiff, v. UNITED STATES, et al., Defendants.

United States Court of International Trade.

December 11, 1984.

Attorney(s) appearing for the Case

Graubard, Moskovitz & McCauley, Washington, D.C. (Alfred R. McCauley, Washington, D.C., on the motion); Dykema, Gossett, Spencer, Goodnow & Trigg, Washington, D.C. (Norton Cutler, Washington, D.C., on the motion), for plaintiff.

Richard K. Willard, Acting Asst. Atty. Gen., Joseph I. Liebman, Atty. in Charge, Commercial Litigation Branch, Washington, D.C. (Michael P. Maxwell and Veronica A. Perry, New York City, on the cross-motion); (Karen Binder and Beth Brothman, Chief Counsel, Intern. Trade Litigation, United States Customs Service, of counsel on the memorandum), for defendants.

Memorandum Opinion on Plaintiff's Motion for a Preliminary Injunction

CARMAN, Judge.

This matter is before me on plaintiff's motion for a preliminary injunction and defendants' cross-motion to dismiss. The issues presented by these motions include whether this Court has jurisdiction over the subject matter pursuant to 28 U.S.C. § 1581(i)(3), (4) (1982), and, if jurisdiction does exist, whether the elements necessary for a preliminary injunction...

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