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ELKEM METALS CO. v. U.S.

No. Slip Op. 03-159, Court No. 02-00232.

297 F.Supp.2d 1347 (2003)

ELKEM METALS COMPANY and Globe Metallurgical Inc., Plaintiffs, v. UNITED STATES, Defendant, and Rima Industrial S/A, Defendant-Intervenor.

United States Court of International Trade.

December 9, 2003.

Attorney(s) appearing for the Case

Piper Rudnick LLP (William D. Kramer), Chicago, IL, for plaintiffs, Elkem Metals Company and Globe Metallurgical Inc.

Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Reginald T. Blades, Jr.), Barbara J. Tsai, Office of Chief Counsel for Import Administration, United States Department of Commerce, for the United States, defendant, of counsel.

Greenberg Traurig, LLP (Philippe M. Bruno), Washington, DC, for defendant-intervenor, RIMA Industrial S/A.

MEMORANDUM OPINION

TSOUCALAS, Senior Judge.

The United States moves to dismiss the action brought by plaintiffs, Elkem Metals Company and Globe Metallurgical Inc. (collectively "Elkem Metals"), pursuant to USCIT R. 12(b)(1). The United States further requests that, if its motion is denied, the Court extend the time in which responses are due to plaintiffs' motion for judgment upon the agency record. Defendant-intervenor, RIMA Industrial S/A ("RIMA...

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