U.S. SHOE CORP. v. U.S.

No. 96-1210.

114 F.3d 1564 (1997)

UNITED STATES SHOE CORPORATION, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

June 3, 1997.


Attorney(s) appearing for the Case

Brian S. Goldstein, Siegel, Mandell & Davidson, P.C., New York City, argued for plaintiff-appellee. With him on the brief were Steven S. Weiser, Laurence M. Friedman, Paul A. Horowitz, and Gregory S. McCue.

David M. Cohen, Director, Commercial Litigation Branch, Civil Division, Department of Justice, Washington, DC, argued for defendant-appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General, Jeanne E. Davidson, Assistant Director, and Todd M. Hughes, Attorney. Of counsel on the brief were Richard McManus, Office of the Chief Counsel, United States Customs Service, and Martin R. Cohen, Office of the General Counsel, Army Corps of Engineers, Washington, DC.

Melvin S. Schwechter, LeBoeuf, Lamb, Greene & MacRae, L.L.P., Washington, DC, for amici curiae Aluminum Company of America, et al. With him on the brief were John C. Cleary and Julie A. Coletti.

Thomas J. Kovarcik, of Irving A. Mandel, Counselor At Law, New York City, for amicus curiae Allied Textile Sales Company. With him on the brief were Irving A. Mandel, Aventura, FL, Steven R. Sosnov, Norristown, PA, and Jeffrey H. Pfeffer, Plainview, NY.

Robert E. Burke, Barnes, Richardson & Colburn, Chicago, Illinois, for amicus curiae Amoco Chemical Company. With him on the brief were Christopher E. Pey and Cindy H. Chan. Of counsel was Lawrence M. Friedman.

John M. Peterson, Neville, Peterson & Williams, New York City, for amici curiae Aris-Isotoner, Inc., et al. Of counsel on the brief were George W. Thompson, James A. Marino, and Arthur K. Purcell.

Mark S. Zolno, Katten, Muchin & Zavis, Chicago, Illinois, for amici curiae Baxter Healthcare Corporation, et al. With him on the brief were Michael E. Roll and Gregory W. Bowman.

William D. Outman, II, Baker & McKenzie, Washington, DC, for amici curiae Brown-Forman Corp., et al. With him on the brief were Kevin M. O'Brien, Lynn S. Baker, and Teresa A. Gleason.

Barry E. Cohen, Crowell & Moring, L.L.P., Washington, DC, for amicus curiae E.I. du Pont de Nemours & Co.

Patrick D. Gill, Rode & Qualey, New York City, for amici curiae General Chemical Corporation, et al. With him on the brief were John S. Rode, Michael S. O'Rourke, and R. Brian Burke.

Steven P. Florsheim, Grunfeld, Desiderio, Lebowitz & Silverman LLP, New York City, for amici curiae Mondial International Corp., et al. With him on the brief were Robert B. Silverman and Erik D. Smithweiss.

Frederic L. Wood, Donelan, Cleary, Wood & Maser, P.C., Washington, DC, for amicus curiae The National Industrial Transportation League. With him on the brief were Nicholas J. DiMichael, and Antoine P. Cobb.

Munford Page Hall, II, Dorsey & Whitney LLP, Washington, DC, for amicus curiae New Holland North America, Inc. With him on the brief were John B. Rehm, Robert W. Bras, and Karen A. Zughaib.

Peter Buck Feller, McKenna & Cuneo, L.L.P., Washington, DC, for amicus curiae Swisher International, Inc. With him on the brief were Lawrence J. Bogard, Joseph F. Dennin, Michael K. Tomenga, and Brian J. O'Shea.

Steven H. Becker, Coudert Brothers, New York City, for amici curiae Texaco Refining and Marketing Inc., et al. With him on the brief were Charles H. Critchlow and Claire R. Kelly.

Before MAYER, MICHEL, RADER, and BRYSON, Circuit Judges, and SMITH, Senior Circuit Judge.


Opinion for the court filed by Circuit Judge MICHEL. Dissenting opinion filed by Circuit Judge MAYER.

MICHEL, Circuit Judge.

The United States ("the government") appeals from the December 4, 1995 decision of the United States Court of International Trade granting summary judgment to United States Shoe Corporation ("US Shoe") and holding that the court possessed jurisdiction over this case pursuant to 28 U.S.C. § 1581(i), not 28 U.S.C. § 1581(a),...

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