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  5. 967 F.Supp. 1305 (1996)
 

NEC CORP. v. U.S. DEPT. OF COMMERCE

Court No. 96-10-02360.

967 F.Supp. 1305 (1996)

NEC CORPORATION and HNSX Supercomputers, Inc., Plaintiffs, v. UNITED STATES DEPARTMENT OF COMMERCE, et al., Defendants, Cray Research, Inc., Defendant-Intervenor.

United States Court of International Trade.

December 18, 1996.

Attorney(s) appearing for the Case

Paul, Weiss, Rifkind, Wharton, & Garrison, Robert E. Montgomery, Jr., Terence J. Fortune, Robert P. Parker, David J. Weiler, Washington, DC, for Plaintiffs.

Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Jeffrey M. Telep, Attorney, U.S. Department of Justice, Civil Division, Commercial Litigation Branch, Washington, DC (Patrick W. Gallagher, Attorney-Advisor, International Office of Chief Counsel for Import Administration, U.S. Department of Commerce, of counsel), for Defendant.

Wilmer, Cutler & Pickering, John D. Greenwald, Stuart M. Weiser, Washington, DC, for Defendant-Intervenor.

MEMORANDUM OPINION AND ORDER

POGUE, Judge:

This action is before the court on Plaintiffs' motion for a preliminary injunction. Defendant and Defendant-Intervenor oppose the motion for a preliminary injunction and Defendant has moved to dismiss Plaintiffs' complaint for lack of jurisdiction, USCIT R. 12(b)(1), and for failure to state a claim upon which relief can be granted, USCIT R. 12(b)(5).

BACKGROUND

Plaintiffs commenced this suit to...

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