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TANABE SEIYAKU CO. v. U.S. INTERN. TRADE COM'N

No. 95-1448.

109 F.3d 726 (1997)

TANABE SEIYAKU CO., LTD. and Marion Merrell Dow, Inc., Appellants, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Appellee, and Orion Corporation Fermion, Copely Pharmaceuticals, Inc., Interchem Corporation and Rhone-Poulenc Rorer, Inc., Intervenors.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined June 6, 1997.

Attorney(s) appearing for the Case

S. Leslie Misrock, Pennie & Edmonds, New York City, argued, for appellants. With him on the brief were Marcia H. Sundeen, Washington, DC, and Joseph Diamante, New York City.

Cynthia P. Johnson, Attorney, Office of General Counsel, U.S. International Trade Commission, Washington, DC, argued, for appellee. With her on the brief were Lyn M. Schlitt, General Counsel, and James A. Toupin, Deputy General Counsel.

Richard D. Kelly, Oblon, Spivak, McClelland, Maier & Neustadt, P.C., Arlington, VA, argued, for intervenors. With him on the brief were Stephen G. Baxter and Martin M. Zoltick.

Before PLAGER, SCHALL and BRYSON, Circuit Judges.

Rehearing Denied; Suggestion for Rehearing In Banc Declined June 6, 1997.

PLAGER, Circuit Judge.

Tanabe Seiyaku Co., Ltd. and Marion Merrell Dow, Inc. (collectively "Tanabe") appeal from a final determination of the United States International Trade Commission ("Commission"), in In re Certain Diltiazem Hydrochloride & Diltiazem Preparations, No. 337-TA-349. Tanabe petitioned the Commission for a determination that the importation and sale of diltiazem...

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