SAARSTAHL AG v. U.S.

Nos. 97-1122, 97-1135 and 98-1122.

177 F.3d 1314 (1999)

SAARSTAHL AG, Plaintiff-Appellant, v. UNITED STATES, Defendant/Cross-Appellant, and Inland Steel Bar Co., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 12, 1999.


Attorney(s) appearing for the Case

Marc E. Montalbine, deKieffer & Horgan, of Washington, DC, argued for plaintiff-appellant. With him on the brief was J. Kevin Horgan. Of counsel was Kara K. Pate.

Katherine Barski, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant/cross-appellant. On the brief were David M. Cohen, Director, A. David Lafer, Senior Trial Attorney, and Thomas A. Coulter, Trial Attorney. Of counsel on the brief were Stephen J. Powell, Chief Counsel; John D. McInerney and Elizabeth C. Seastrum, Senior Counsel; and Dean A. Pinkert and Myles S. Getlan, Attorney-Advisors, Office of the Chief Counsel for Import Administration, Department of Commerce, of Washington, DC.

Charles Owen Verrill, Jr., Wiley, Rein & Fielding, of Washington, DC, argued for defendant-appellee. With him on the brief was Willis S. Martyn III. Of counsel were Alan H. Price, Timothy C. Brightbill, Peter S. Jordan, and John A. Hodges.

Before MAYER, Chief Judge, SKELTON, Senior Circuit Judge, and PLAGER, Circuit Judge.


Opinion for the court filed by Chief Judge MAYER. Circuit Judge PLAGER concurs in the result.

MAYER, Chief Judge.

Saarstahl AG ("Saarstahl") and the United States appeal the judgment of the Court of International Trade, Court No. 93-04-00219, Saarstahl AG v. United States, 984 F.Supp. 616 (Ct. Int'l Trade 1997) ("Saarstahl VII"), affirming the final determination of the United States Department of Commerce...

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