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LADY KELLY, INC. v. U.S. SECRETARY OF AGRICULTURE

Slip Op. 06-25. Court No. 05-00480.

427 F.Supp.2d 1171 (2006)

LADY KELLY, INC., Plaintiff, v. UNITED STATES SECRETARY OF AGRICULTURE, Defendant.

United States Court of International Trade.

February 24, 2006.

Attorney(s) appearing for the Case

R. Michael Patrick, for plaintiff Lady Kelly, Inc.

Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director, Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, U.S. Department of Justice (Michael James Dierberg), for defendant United States Secretary of Agriculture.

OPINION

GOLDBERG, Senior Judge.

Defendant United States Secretary of Agriculture ("Defendant" or "USDA") moves the Court to dismiss Plaintiff Lady Kelly, Inc.'s ("Plaintiff") complaint, under USCIT R. 12(b)(5), for failure to state a claim upon which relief may be granted. Defendant also moves in the alternative for judgment on the agency record under USCIT R. 56.1. For the reasons that follow, Defendant's motion...

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