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U.S. INTERN. TRADE COM'N v. JAFFE

No. 1:10cv367.

433 B.R. 538 (2010)

UNITED STATES INTERNATIONAL TRADE COMMISSION, Appellant, v. Michael JAFFE, et al., Appellees.

United States District Court, E.D. Virginia, Alexandria Division.

June 28, 2010.

Attorney(s) appearing for the Case

Robert K. Coulter, United States Attorney's Office, Alexandria, VA, for Appellant.

Jeffrey Anderson Showalter, Morrison & Foerster LLP, Washington, DC, John Alexander Trocki, III, Morrison & Foerster LLP, McLean, VA, for Appellees.

MEMORANDUM OPINION

T.S. ELLIS, III, District Judge.

This bankruptcy appeal presents the novel question whether 11 U.S.C. § 362(b)(4), the police and regulatory power exception to the § 362 automatic stay, operates to except from the stay a U.S. International Trade Commission ("ITC") investigation undertaken pursuant to § 337 of the Tariff Act of 1930, ch. 497, 46 Stat. 590, 703 (codified as amended at 19 U.S.C. § 1337 (2006))....

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