ARJAY ASSOCIATES, INC. v. REAGAN

No. 88-11-00845.

707 F.Supp. 1346 (1989)

ARJAY ASSOCIATES, INC., Intec Sales Company, Inc., Johnson Plastics Equipment, Pinnacle Sales Company, Free Energy, Pro Plastics Equipment, Inc., Sunbelt Plastics Machinery Co., Boston Plastics Machinery Co., and Aqua Poly Equipment Company, Plaintiffs, v. Ronald REAGAN, President, and the United States of America, Toshiba Machine Company, and Toshiba Machine Co. America, Defendants.

United States Court of International Trade.

February 21, 1989.


Attorney(s) appearing for the Case

Santora & McKay (Robert McKay and John Carney), New York City, for plaintiffs.

John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice, Washington, D.C. (Velta A. Melnbrencis New York City, on the brief), for defendants.

Marks, Murase & White, (Ramon Marks and Lance Gotthoffer), New York City, for Toshiba Machine Co. and Toshiba Machine Co. America.

Robert E. Branand International (Robert E. Branand) for Amicus Curiae.


OPINION

MUSGRAVE, Judge:

In this matter, plaintiffs and cross-claimant Toshiba America, and defendants the U.S. Government and the President of the United States, raise grave questions of the constitutionality of an Act of Congress, of irremediable economic harm, and of national security. Plaintiffs and cross-claimant assert that § 2443 of the Omnibus Trade and Competitiveness Act of 1988 (Pub.L. 100-418) is unconstitutional as a proscribed Bill of...

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