CANADIAN WHEAT BD. v. U.S.

Slip Op. 08-112. Court No. 07-00058.

580 F.Supp.2d 1350 (2008)

CANADIAN WHEAT BOARD and the Government of Canada, Plaintiffs, and Government of Alberta, Government of Ontario, and Government of Saskatchewan, Plaintiff-Intervenors, v. UNITED STATES and the United States Department of Commerce, Defendants.

United States Court of International Trade.

October 20, 2008.


Attorney(s) appearing for the Case

Steptoe & Johnson LLP (Mark A. Moran, Jamie B. Beaber, and Matthew S. Yeo), for plaintiff Canadian Wheat Board.

Weil, Gotshal & Manges LLP (M. Jean Anderson, J. Sloane Strickler, John M. Ryan, and Peter J.S. Kaldes), and Wilmer Cutler Pickering Hale and Dorr LLP (Danielle G. Spinelli, Mark C. Fleming, Randolph D. Moss, and Seth P. Waxman), for plaintiff Government of Canada.

Arnold & Porter LLP (Lawrence A. Schneider and Francis Anthony Franze-Nakamura), for plaintiff-intervenor Government of Alberta.

Hogan & Hartson LLP (Mark S. McConnell, H. Deen Kaplan, Jonathon T. Stoel), for plaintiff-intervenor Government of Ontario.

Cameron & Hornbostel LLP (Michele Sherman Davenport), for plaintiff-intervenor Government of Saskatchewan.

Gregory G. Katsas, Assistant Attorney General; Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Stephen C. Tosini); Office of the Chief Counsel for Import Administration, United States Department of Commerce (Scott D. McBride), of counsel, for defendants.


OPINION

EATON, Judge.

This matter is before the court on the motions of plaintiffs Canadian Wheat Board ("CWB") and the Governments of Canada1 (collectively, "plaintiffs") for summary judgment pursuant to USCIT Rule 56(c) and the motion of defendant the United States to dismiss plaintiffs' case pursuant to USCIT Rules 12(b)(1) and 12(b)(5).

In bringing this action, plaintiffs seek to compel the liquidation, without...

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