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FORMER EMPLOYEES OF SIEMENS INFO. COMMUNICATION NETWORKS, INC. v. HERMAN

Slip Op. 00-140, Court No. 99-11-00681.

120 F.Supp.2d 1107 (2000)

FORMER EMPLOYEES OF SIEMENS INFORMATION COMMUNICATION NETWORKS, INC., Plaintiffs, v. Alexis HERMAN, Secretary, United States Department of Labor, Defendant.

United States Court of International Trade.

November 1, 2000.

Attorney(s) appearing for the Case

Neville Peterson & Williams (John M. Peterson, Maria E. Celis, and Curtis W. Knauss), New York, NY, for Plaintiffs.

David W. Ogden, Assistant Attorney General of the United States; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice; Velta A. Melnbrencis, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Franklin E. White, Jr.), Washington, DC, for Defendant.

OPINION

EATON, Judge.

Plaintiffs seek judicial review of the Secretary of Labor's ("Secretary") denial of their petition for certification of eligibility to apply for trade adjustment assistance under the Trade Act of 1974, 19 U.S.C. §§ 2271-2322, 2395 (1994). The United States ("Government") on behalf of the Secretary moves pursuant to USCIT R. 12(b)(1) to dismiss the complaint for lack of subject matter jurisdiction. The Government asserts that...

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