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SILVER REED AMERICA, INC. v. UNITED STATES

Court No. 80-6-00934.

590 F.Supp. 1254 (1984)

SILVER REED AMERICA, INC. and Silver Seiko, Ltd., Plaintiffs, v. UNITED STATES, Defendant, and Smith-Corona Group, Consumer Products Division, SCM Corporation, Intervenor.

United States Court of International Trade.

June 21, 1984.

Attorney(s) appearing for the Case

Wald, Harkrader & Ross, Washington, D.C. (Christopher Dunn, William J. Clinton and William E. Shimer, Washington, D.C., of counsel), for plaintiffs.

Richard K. Willard, Acting Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Washington, D.C., Velta A. Melnbrencis, New York City, and Francis J. Sailer, Washington, D.C., for defendant.

Stewart & Stewart, Washington, D.C. (Eugene L. Stewart and Terence P. Stewart, Special Counsel, Washington, D.C.), Edwin Silverstone, New York City, and Robert E. Walton, King of Prussia, Pa., for intervenor.

NEWMAN, Senior Judge:

Introduction

This case raises the novel and significant question of whether, following a decision in plaintiffs' favor on the merits in an antidumping case, stay of remand, and pending an interlocutory appeal filed by intervenor, plaintiffs' motion to enjoin liquidation of entries covered by a prior Court decision is barred by the doctrine of res judicata or collateral estoppel.

Plaintiffs, Silver Seiko, Ltd., a Japanese...

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