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ALCAN SALES, DIV. OF ALCAN ALUMINUM CORP. v. U.S.

Appeal No. 82-17.

693 F.2d 1089 (1982)

ALCAN SALES, DIV. OF ALCAN ALUMINUM CORP., Appellant, v. The UNITED STATES, Appellee.

United States Court of Appeals, Federal Circuit.

November 18, 1982.

Attorney(s) appearing for the Case

David O. Elliott, New York City, argued for appellant. With him on the brief were Rufus E. Jarman, Jr., Michael A. Johnson and Barnes, Richardson & Colburn, New York City.

David M. Cohen, Washington, D.C., argued for appellee. With him on the brief was Asst. Atty. Gen. J. Paul McGrath, Washington, D.C.

Before MARKEY, Chief Judge, and BENNETT and SMITH, Circuit Judges.

BENNETT, Circuit Judge.

This is an appeal from a decision of the United States Court of International Trade, Alcan Sales v. United States, 528 F.Supp. 1159 (C.I.T.1981). The court below held that Proclamation No. 4074, 85 Stat. 926 (1971), which established a 10-percent ad valorem duty on dutiable imports, was a valid exercise of the authority delegated to the President by the Trading With the Enemy Act, 50 U.S.C.App. ...

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