AMERICAN FROZEN FOOD INSTITUTE, INC.; Green Giant Foods, a Division of the Pillsbury Company; J.R. Simplot Company; National Food Processors Association, Plaintiffs,
v.
The UNITED STATES; Lloyd Bentsen, Secretary of the Treasury; John P. Simpson, Deputy Assistant Secretary of the Treasury; and George J. Weise, Commissioner of Customs, Defendants.
United States Court of International Trade.https://leagle.com/images/logo.png
June 9, 1994.
June 9, 1994.
Attorney(s) appearing for the Case
Neville, Peterson & Williams, John M. Peterson, George W. Thompson, Peter J. Allen and Margaret R. Polito, New York City, and Pillsbury Madison & Sutro, Reginald D. Steer, Lynn L. Miller and Richard J. Nelson, San Francisco, CA, for plaintiffs.
Frank W. Hunger, Asst. Atty. Gen., David M. Cohen, Director, Velta A. Melnbrencis, Asst. Director, Commercial Litigation Branch, Civ.Div., U.S. Dept. of Justice, John K. Lapiana, Washington, DC (Matthew McConkey, Atty., Office of Chief Counsel, U.S. Customs Service, of counsel), for defendants.
Titchell, Maltzman, Mark, Bass, Ohleyer and Mishel, Richard D. Maltzman, San Francisco, CA, for amicus curiae, Norcal Crosetti Foods, Inc.
United States Court of International Trade.
OPINION
RESTANI, Judge:
This matter is before the court on a motion to dismiss, or in the alternative, for summary judgment, brought by defendants, the United States, Lloyd Bentsen, Secretary of the Treasury ("the Secretary"), John P. Simpson, Deputy Assistant Secretary of the Treasury, and George H. Weise, Commissioner of Customs. In support of their motion, defendants argue that this court lacks jurisdiction...
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