NUFARM AMERICA'S, INC. v. U.S.

No. 2007-1220.

521 F.3d 1366 (2008)

NUFARM AMERICA'S, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 7, 2008.


Attorney(s) appearing for the Case

Joel R. Junker, Joel R. Junker & Associates, of Seattle, Washington, argued for plaintiff-appellant. With him on the brief was William N. Baldwin.

Todd Hughes, Deputy Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief were Jeanne E. Davidson, Director, of Washington, DC; and Barbara S. Williams, Attorney in Charge, International Trade Field Office, of New York, New York. Of counsel on the brief was Beth C. Brotman, Office of the Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, New York.

Before RADER, Circuit Judge, FRIEDMAN, Senior Circuit Judge, and PROST, Circuit Judge.


RADER, Circuit Judge.

On summary judgment, the United States Court of International Trade held that 19 C.F.R. § 181.53 does not violate Article I, Section 9, Clause 5 of the United States Constitution ("the Export Clause"). Nufarm America's, Inc. v. United States, 477 F.Supp.2d 1290 (CIT 2007) ("Nufarm II"). The trial court also denied Nufarm America's, Inc.'s, ("Nufarm's") motion for class certification...

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