Opinion
2012-1483 2012-1493 2012-1620
11-30-2012
LEVITON MANUFACTURING CO., INC., Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and FUJIAN HONGAN ELECTRONIC CO., LTD. AND ZHE JIANG TRIMONE ELECTRIC SCIENCE & TECHNOLOGY CO., LTD., Intervenors. FUJIAN HONGAN ELECTRONIC CO., LTD. AND ZHE JIANG TRIMONE ELECTRIC SCIENCE & TECHNOLOGY CO., LTD., Appellants, v. INTERNATIONAL TRADE COMMISSION, Appellee, AND LEVITON MANUFACTURING CO., INC., Intervenor. HUBBELL INCORPORATED, Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, AND LEVITON MANUFACTURING COMPANY, INC., Intervenor.
NOTE: This order is nonprecedential.
On appeal from the United States International Trade Commission in Investigation No. 337-TA-739.
ON MOTION
ORDER
Intervenor Leviton Manufacturing Company, Inc. moves to dismiss this appeal for lack of standing. Hubbell Incorporated opposes, arguing it has standing to pursue this appeal. The International Trade Commission supports the motion. The Commission also moves to strike Hubbell's reply to the Commission's response to Leviton's motion to strike, or alternatively for leave to file a sur-reply.
We deem it the better course to deny the motion to dismiss and for the parties to put these jurisdictional arguments in their briefs.
Upon consideration thereof,
IT IS ORDERED THAT:
(1) The motion to dismiss is denied.
(2) All other motions are moot.
(3) This appeal, along with Appeal Nos. 2012-1483, Leviton Manufacturing Co. v. ITC, and 2012-1493, Fujian Hongan Electric Co. v. ITC, are designated companion cases for purposes of oral argument, and will be argued consecutively before the same merits panel.
FOR THE COURT
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Jan Horbaly
Clerk
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