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SCM CORP. v. UNITED STATES INT'L TRADE COM'N

No. 75-1816.

549 F.2d 812 (1977)

SCM CORPORATION, Plaintiff-Appellant, v. UNITED STATES INTERNATIONAL TRADE COMMISSION et al., Defendants-Appellees, Royal Typewriter Company and Brother Industries, Ltd., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided January 12, 1977.

Attorney(s) appearing for the Case

Frederick L. Ikenson, New York City, with whom Eugene L. Stewart, Washington, D. C., was on the brief for appellant.

Glenn E. Harris, Atty., Civ. Div., Dept. of Justice, New York City, of the bar of the Supreme Court of Virginia, pro hac vice by special leave of court with whom Rex E. Lee, Asst. Atty. Gen., Earl J. Silbert, U. S. Atty., Washington, D. C., Andrew P. Vance, Chief Customs Section, New York City, and Eric B. Marcy, Asst. U. S. Atty., Washington, D. C., were on the brief for appellees.

H. William Tanaka and Lawrence R. Walders, Washington, D. C., filed a brief on behalf of Brother Industries Ltd. and Brother International Corp. as amici curiae urging affirmance.

John A. Kennedy, Jr., Washington, D. C., filed a brief on behalf of Royal Typewriter Co. as amicus curiae urging affirmance.

R. Christian Berg, Washington, D. C., entered an appearance for intervenor Royal Typewriter Co.

Before TAMM and LEVENTHAL, Circuit Judges, and FRANK A. KAUFMAN, United States District Judge for the District of Maryland.

Opinion for the Court filed by KAUFMAN, District Judge.

FRANK A. KAUFMAN, District Judge:

SCM Corporation (SCM), a domestic American manufacturer of portable electric and manual typewriters, appeals from the District Court's Order dismissing for lack of jurisdiction SCM's complaint in this case. Herein, SCM seeks to set aside a negative determination of injury made by the United States International Trade Commission (Commission)1

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