Legal Opinion
Lady Kelly, Inc. v. United States Secretary of Agriculture
United States Court of International Trade
Decided February 24, 2006No. Slip Op. 06-25; Court 05-00480PublishedCited by 8 opinions
1Opinion of the Court
OPINION
GOLDBERG, Senior Judge.
Defendant United States Secretary of Agriculture (“Defendant” or “USDA”) moves the Court to dismiss Plaintiff Lady Kelly, Inc.’s (“Plaintiff’) complaint, under USCIT R. 12(b)(5), for failure to state a claim upon which relief may be granted. Defendant also moves in the alternative for judgment on the agency record under USCIT R. 56.1. For the reasons that follow, Defendant’s motion to dismiss is denied, and Defendant’s motion for judgment on the agency record is granted.
I. BACKGROUND
Plaintiff is a corporation engaged in the shrimping business in Georgia. The…
2Cases cited15 opinions
- Scheuer v. RhodesSupreme Court of the United States · 1974
- Consolidated Edison Co. v. National Labor Relations BoardSupreme Court of the United States · 1938
- Irwin v. Department of Veterans AffairsSupreme Court of the United States · 1991
- Davis v. SchererSupreme Court of the United States · 1984
- Burnett v. New York Central RailroadSupreme Court of the United States · 1965
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3Cited by8 opinions
- Former Employees of BMC Software, Inc. v. United States Secretary of LaborUnited States Court of International Trade · 2007
- Williams v. Board of ReviewIllinois Supreme Court · 2011
- O'Toole v. U.S. Secretary of AgricultureUnited States Court of International Trade · 2007
- Former Employees of Invista, S.A.R.L. v. U.S. Secretary of LaborUnited States Court of International Trade · 2010
- Alaniz v. United States Secretary of AgricultureUnited States Court of International Trade · 2006
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