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U.S. v. UNIVERSAL FRUITS AND VEGETABLES

SLIP OP. 05-81, Court No. 04-00431.

387 F.Supp.2d 1251 (2005)

UNITED STATES, Plaintiff, v. UNIVERSAL FRUITS AND VEGETABLES CORP.; David Pai, a.k.a. Shih Wei Pai; Jason Pai, a.k.a. Chung Sheng Pai, Defendants.

United States Court of International Trade.

July 6, 2005.

Attorney(s) appearing for the Case

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice; Jeanne M. Davidson, Deputy Director, Commercial Litigation Branch, Civil Division, United States Department of Justice; Alan J. Lo Re, Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, D.C., for Plaintiff.

Neville Peterson LLP (John M. Peterson, Curtis W. Knauss), New York, NY, for Defendants.

OPINION

CARMAN, Judge.

This matter was transferred to this Court on the direction of the United States Court of Appeals for the Ninth Circuit ("Ninth Circuit"), which opined that this Court has exclusive jurisdiction to hear this case under 28 U.S.C. § 1582(3) (2000). The parties concur that this Court has jurisdiction. This Court held oral argument to consider the issue of jurisdiction on April 20, 2005. Upon consideration of parties' oral presentations...

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