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DELVERDE, SrL v. U.S.

Slip Op. 97-163. Court No. 96-08-01997.

989 F.Supp. 218 (1997)

DELVERDE, SrL and Delverde USA, Inc., Plaintiffs, v. The UNITED STATES, Defendant, and Borden, Inc., Hershey Foods Corp., Gooch Foods, Inc., and Barilla Alimentare S.p.A., Defendant-Intervenors.

United States Court of International Trade.

December 2, 1997.

Attorney(s) appearing for the Case

McKenna & Cuneo, L.L.P., Washington, DC (Lawrence J. Bogard, Andrew E. Bej, and Malaika D. Carter), for plaintiff.

Mound, Cotton & Wollan, New York City (Constantino P. Suriano), co-counsel for plaintiff.

Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Cynthia B. Schultz and David Ross), Terrence J. McCartin, Attorney-Advisor, Office of Chief Counsel for Import Administration, of counsel, United States Department of Commerce, Washington, DC, for defendant.

Collier, Shannon, Rill & Scott PLLC, Washington, DC (Paul C. Rosenthal, Lynn E. Duffy, and Laura A. Svat), for defendant-intervenors Borden, Inc., Hershey Foods Corp., and Gooch Foods, Inc.

O'Melveny & Myers L.L.P., Washington, DC (Peggy A. Clarke, Gary N. Horlick, and Lisa H. Marino) for defendant-intervenor Barilla Alimentare S.p.A.

OPINION

RESTANI, Judge.

This matter is before the court on motions for judgment based upon the agency record pursuant to USCIT Rule 56.2. The motions have been brought by certain respondents in a countervailing duty investigation, Delverde, SrL and Delverde USA, Inc. (collectively "Delverde"), and petitioners on behalf of the domestic industry in the countervailing duty investigation, Borden, Hershey Foods, and Gooch Foods (collectively "Borden")...

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