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MOTION SYSTEMS CORP. v. BUSH

Slip Op. 04-58. Court No. 03-00146.

342 F.Supp.2d 1247 (2004)

MOTION SYSTEMS CORPORATION, Plaintiff, v. George W. BUSH, President of the United States, and Robert B. Zoellick, United States Trade Representative, Defendants, and CCL Industrial Motor Ltd., Defendant-Intervenor.

United States Court of International Trade.

June 3, 2004.

Attorney(s) appearing for the Case

Fitch, King & Caffentzis (Richard Carville King, James Caffentzis) for plaintiff.

Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, Jeanne E. Davidson, Deputy Director, Steven C. Tosini, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice; David L. Weller, Assistant General Counsel, Office of the United States Trade Representative, for defendants, of counsel.

Kaye Scholer LLP (Michael P. House and Margaret S. Rudin) for defendantintervenor.

OPINION

STANCEU, Judge.

[Summary judgment granted for defendants]

Plaintiff Motion Systems Corporation challenges a decision by the President of the United States to deny import relief to the U.S. industry manufacturing "pedestal actuators," which are components of electrically-powered vehicles used by persons whose mobility is impaired. Plaintiffs principal argument is that the President exceeded his statutory authority in declining to impose...

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