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AMERICAN POWER PULL CORP. v. U.S.

Slip Op. 15-128. Court No. 14-00088.

121 F.Supp.3d 1296 (2015)

AMERICAN POWER PULL CORP., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

November 16, 2015.

Attorney(s) appearing for the Case

Andrew J. Ayers , Bahret & Associates Co., L.P.A., of Holland, OH, for plaintiff.

Justin R. Miller , Senior Trial Counsel, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, for defendant. With him on the brief were Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Jeanne E. Davidson , Director, Amy M. Rubin and Claudia Burke , Assistant Directors. Of Counsel on the brief was Beth C. Brotman , Office of the Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection, of New York, NY.

OPINION

Defendant, the United States, moves, pursuant to USCIT Rules 12(b)(1) and 56, to dismiss allegations of subject matter jurisdiction pursuant to 28 U.S.C. § 1581(i) in the Complaint of Plaintiff, American Power Pull Corporation, and for summary judgment...

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