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AMERICAN FURNITURE MANUFACTURERS COMMITTEE FOR LEGAL TRADE and Vaughn-Bassett Furniture Company, Inc., Plaintiffs, v. UNITED STATES et al., Defendants

United States Court of International Trade2010-02-17No. Slip Op. 10-19; Court No. 10-00031
683 F. Supp. 2d 1334

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Opinion

majority opinion

ORDER

EVAN J. WALLACH, Judge.

Upon consideration of Plaintiffs’ Motion for Temporary Restraining Order and Preliminay [sic] Injunction, Plaintiffs’ Motion for Expedited Declaratory Judgment or, in the Alternative, Emergency Injunctive Relief, and Defendants’ Motion to Dismiss; the court having reviewed all papers and pleadings on file herein, having heard oral argument by each party, and, after due deliberation, having reached a decision set forth in Slip Op. 10-18; now, in conformity with said decision, it is hereby

ORDERED that Plaintiffs’ Motion for Temporary Restraining Order and Preliminay [sic] Injunction is DENIED, and it is further

ORDERED that Plaintiffs’ Motion for Expedited Declaratory Judgment or, in the Alternative, Emergency Injunctive Relief is DENIED; and it is further

ORDERED, ADJUDGED, AND DECREED that pursuant to the analysis set forth in the court’s decision in Slip Op. 10-18, Plaintiffs’ Complaint fails, pursuant to USCIT R. 12(b)(5) to state a claim upon which relief can be granted, and that accordingly, Defendants’ Motion to Dismiss be, and hereby is, GRANTED; and it is further

ORDERED, ADJUDGED, AND DECREED that Plaintiffs’ Complaint be, and hereby is, DISMISSED.