AMSTED RAIL CO. v. UNITED STATES INT'L TRADE

Slip Op. 22-147 Court No. 22-00307.

607 F.Supp.3d 1283 (2022)

AMSTED RAIL COMPANY, INC., ASF-K de Mexico S. de R.L. de C.V., Strato, Inc., Wabtec Corp. and TTX Company, Plaintiffs, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, and Acting Secretary Katherine M. Hiner, in her official capacity, Defendants, and Coalition of Freight Rail Coupler Producers, Defendant-Intervenor.

United States Court of International Trade.

December 20, 2022.


Attorney(s) appearing for the Case

Brian B. Perryman , Faegre Drinker Biddle & Reath, LLP, of Washington, D.C., argued for Plaintiffs Amsted Rail Company, Inc. and ASF-K de Mexico S. de R.L. de C.V. With him on the briefs were Richard Ferrin, Douglas J. Heffner and Carolyn Bethea Connolly.

Ryan M. Proctor , Jones Day, of Washington, D.C., for Plaintiff Wabtec Corp.

Ned H. Marshak , Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP, of New York, N.Y., argued for Plaintiff Strato, Inc. With him on the joint briefs was Andrew T. Schutz.

James M. Smith , Covington & Burling LLP, of Washington, D.C., argued for Plaintiff TTX Company. With him on the joint briefs were Shara L. Aranoff and Sooan (Vivian) Choi .

Andrea C. Casson , Assistant General Counsel for Litigation and Jane C. Dempsey , Attorney-Advisor, Office of the General Counsel, U.S. International Trade Commission, of Washington, D.C., argued for Defendants U.S. International Trade Commission and Acting Secretary Katherine M. Hiner, in her official capacity. With them on the briefs were David A.J. Goldfine.

Daniel B. Pickard , Buchanan Ingersoll & Rooney PC, of Washington, D.C., argued for Defendant-Intervenor Coalition of Freight Rail Producers. With him on the briefs were Amanda L. Wetzel and Claire M. Webster.


OPINION AND ORDER

The court, having denied a motion for preliminary injunction in this case for lack of subject matter jurisdiction, is now asked to order similar injunctive relief during the pendency of an expected appeal. Certain Plaintiffs Amsted Rail Company, Inc., ASF-K de Mexico S. de R.L....

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