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YOUNG ENGINEERS v. U.S. INTERN. TRADE COM'N

Appeal No. 83-649.

721 F.2d 1305 (1983)

The YOUNG ENGINEERS, INC., (aka Tye or Tye, Inc.,) Appellant, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Appellee.

United States Court of Appeals, Federal Circuit.

November 8, 1983.

Attorney(s) appearing for the Case

Joseph E. Mueth, Los Angeles, Cal., argued for appellant.

Jane K. Albrecht, Washington, D.C., argued for appellee. With her on the brief were Michael H. Stein, General Counsel and Michael P. Mabile, Acting Asst. Gen. Counsel for Litigation, Washington, D.C.

Before NICHOLS, and NIES, Circuit Judges, and COWEN, Senior Judge.

NIES, Circuit Judge.

This appeal, in a proceeding under 19 U.S.C. § 1337, raises two novel issues: (1) whether following disapproval by the President of the determination in an investigation, the International Trade Commission must institute a new investigation in order to exercise its authority to issue an exclusion and/or cease and desist order based on previously found unfair acts; and (2) whether, under principles of res judicata, a dismissal with...

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