GIORGIO FOODS, INC. v. U.S.

No. 2013-1304.

785 F.3d 595 (2015)

GIORGIO FOODS, INC., Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee United States International Trade Commission, Defendant-Appellee Monterey Mushrooms, Inc., Defendant-Appellee L.K. Bowman Company, Mushroom Canning Company, Defendants.

United States Court of Appeals, Federal Circuit.

April 24, 2015.


Attorney(s) appearing for the Case

Michael Tod Shor , Arnold & Porter LLP, Washington, DC, argued for plaintiff-appellant. Also represented by Sarah Brackney Arni.

Martin M. Tomlinson , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee United States. Also represented by Stuart F. Delery, Jeanne E. Davidson, Franklin E. White, Jr.

Patrick Vincent Gallagher, Jr. , Office of the General Counsel, United States International Trade Commission, Washington, DC, argued for defendant-appellee United States International Trade Commission. Also represented by Neal J. Reynolds, Robin Lynn Turner, Dominic L. Bianchi.

Michael J. Coursey , Kelley Drye & Warren, LLP, Washington, DC, argued for defendant-appellee Monterey Mushrooms, Inc. Also represented by Robert Alan Luberda.

Dissenting opinion filed by Circuit Judge REYNA.


Giorgio Foods, Inc. ("Giorgio") appeals a judgment of the Court of International Trade ("Trade Court") dismissing its claims for compensation under the Continued Dumping and Subsidy Offset Act ("the Byrd Amendment"). Because Giorgio failed to indicate support for the antidumping petition as required by the Byrd Amendment, we...

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