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ASHLOW, LTD. v. UNITED STATES INTERN. TRADE COM'N

Appeal No. 82-11.

673 F.2d 1265 (1982)

ASHLOW, LIMITED, Ashlow Corporation, Georgetown Steel Corporation, Korf Industries, Inc., Korf Industrie Und Handel, GmbH, Korf Engineering, GmbH, Mr. Willy Korf, and Mr. Johann Heinrich Rohde, Petitioners, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Respondent.

United States Court of Customs and Patent Appeals.

March 12, 1982.

Attorney(s) appearing for the Case

Harvey Kaye, R. V. Lupo, Steven E. Lipman, Spencer & Kaye, Bart Fisher, Andrew S. Newman, Michael D. Esch, Patton, Boggs & Blow, Washington, D. C., for Ashlow, Ltd., Ashlow Corp., Korf Ind. Inc., & Georgetown Steel Corp.

William Schurtman, William M. Barron, Walter, Conston, Schurtman & Gumpel, New York City, for Korf Industrie und Handel, GmbH, Korf Engineering, GmbH, Willy Korf, and Johann Heinrich Rohde.

Robert B. Russell, Russell & Tucker, Boston, Mass., for Morgan Const.

Warren Maruyama, Washington, D. C., for Intern. Trade Commission.

Before MARKEY, Chief Judge, RICH, BALDWIN, MILLER and NIES, Judges.

BALDWIN, Judge.

Petitioners seek a writ of mandamus against the United States International Trade Commission (ITC). The petition is denied.

Background

This matter arises out of ITC investigation No. 337-TA-97, "Certain Steel Rod Treating Apparatus and Components Thereof." The investigation was instituted on a complaint filed December 17, 1980, by Morgan Construction Company (Morgan), the assignee of U. S. Patent No. 3,390,871 ('871 patent...

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