Legal Opinion
Wilsey Foods, Inc. v. United States
United States Court of International Trade
Decided February 4, 1994No. Court No. 92-11-00754Published
1Opinion of the Court
Memorandum Opinion
Musgrave, Judge:
Defendant moves pursuant to Rules 12(b)(1) and 12(b)(5) of the Rules of the United States Court of International Trade (“USCIT”) and 28 U.S.C. § 1581(a), to dismiss this action for lack of jurisdiction, claiming that the merchandise which plaintiff sought to release from exclusion into the United States either entered the United States or was exported; as a consequence there is no case or controversy. The Court finds that it does have jurisdiction to hear this action, and therefore denies Defendant’s Motion to Dismiss.
Background
Wilsey Foods Inc. (“Wilsey)” is…
2Cases cited9 opinions
- Roe v. WadeSupreme Court of the United States · 1973
- Burke v. BarnesSupreme Court of the United States · 1987
- Northwest Environmental Defense Center v. William G. Gordon, and State of Oregon, Defendants-Intervenors-AppelleesCourt of Appeals for the Ninth Circuit · 1988
- Petroleum Exploration, Inc. v. Public Service CommissionSupreme Court of the United States · 1938
- West v. BerglandCourt of Appeals for the Eighth Circuit · 1979
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