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FOOTWEAR DISTRIBUTORS AND RETAILERS v. U.S.

Court No. 85-04-00581. Slip Op. No. 94-77.

852 F.Supp. 1078 (1994)

FOOTWEAR DISTRIBUTORS AND RETAILERS OF AMERICA, f/k/a Footwear Retailers of America, et al., Plaintiffs, v. The UNITED STATES, Defendant, and Footwear Industries of America, Inc., Intervenor-Defendant.

United States Court of International Trade.

May 10, 1994.

Attorney(s) appearing for the Case

Mudge Rose Guthrie Alexander & Ferdon, Washington, DC (Michael P. Daniels, N. David Palmeter and Gregory J. Spak), for plaintiff Footwear Distributors and Retailers of America.

Howrey & Simon, Washington, DC (Herbert C. Shelley and Joel D. Kaufman), for plaintiff Special Commodity Group of Non-Rubber Footwear from Brazil, American Ass'n of Exporters and Importers.

Frank W. Hunger, Asst. Atty. Gen.; David M. Cohen, Director, Commercial Litigation Branch, Civ. Div., U.S. Dept. of Justice (Velta A. Melnbrencis); and Office of the Chief Counsel for Import Admin., U.S. Dept. of Commerce, Washington, DC (Lisa Koteen and Joan L. MacKenzie), of counsel, for defendant.

Collier, Shannon, Rill & Scott, Washington, DC (Lauren R. Howard), for intervenor-defendant.

OPINION

AQUILINO, Judge:

Given the decision of an international panel that the United States acted inconsistently with Article I:1 of the General Agreement on Tariffs and Trade and U.S. acquiesence in that decision in favor of Brazil, the parties return to this action to finally dispose of issues arising from the time of creation of this Court of International Trade, which is an extension of the great American experiment in judicial review of prerogatives...

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