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SUMITOMO METAL INDUSTRIES, LTD. v. BABCOCK & WILCOX CO.

Appeal No. 81-35.

669 F.2d 703 (1982)

SUMITOMO METAL INDUSTRIES, LTD., Appellant, v. BABCOCK & WILCOX CO., and The United States, Appellees.

United States Court of Customs and Patent Appeals.

January 21, 1982.

Attorney(s) appearing for the Case

Charles R. Stevens, Milo G. Coerper and Jerry L. Siegel, Washington, D. C., and New York City, for appellant.

Stephen M. Creskoff, Brian E. McGill, Washington, D. C., for appellee Babcock & Wilcox.

J. Paul McGrath, Asst. Atty. Gen., Washington, D. C., David M. Cohen, Director, New York City, and Francis J. Sailer, Washington, D. C., for appellee United States.

Before MARKEY, Chief Judge, and RICH, BALDWIN, MILLER and NIES, Judges.

NIES, Judge.

This appeal is from two orders of the United States Court of International Trade dated September 18, 1981, and October 5, 1981, denying Sumitomo Metal Industries, Ltd., (SMI) leave to intervene as a matter of right under 28 U.S.C. § 2631(j)(1)(B). We affirm.

International Trade Commission Proceedings

Babcock & Wilcox Co. (B&W), a domestic producer of steel pipes and boiler tubes, filed petitions on February 28, 1980...

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