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NORSK HYDRO CANADA INC. v. UNITED STATES

Slip Op. 06-99. Court No. 05-000585.

441 F.Supp.2d 1252 (2006)

NORSK HYDRO CANADA INC., Plaintiff, v. The UNITED STATES, Defendant and US Magnesium LLC.

United States Court of International Trade.

June 30, 2006.

OPINION

POGUE, Judge.

Defendant and Defendant-Intervenor move to dismiss Counts II-IV of Plaintiff's complaint under USCIT R. 12(b)(1) and 12(b)(5) for the reasons this court rejected in Norsk Hydro Canada Inc. v. United States, 28 CIT ___, 350 F.Supp.2d 1172 (2004) (addressing a prior administrative review). Because the court has, in that prior decision, decided...

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