DURACELL, INC. v. U.S. INTERN. TRADE COM'N

Appeal No. 85-2072.

778 F.2d 1578 (1985)

DURACELL, INC., Appellant, v. U.S. INTERNATIONAL TRADE COMMISSION, Appellee.

United States Court of Appeals, Federal Circuit.

December 9, 1985.


Attorney(s) appearing for the Case

James N. Bierman, of Foley & Lardner, Washington, D.C., argued for appellant. With him on the brief were Jay N. Varon, Sheila C. McDonald and Jonathan B. Baker, of Foley & Lardner, Washington, D.C., of counsel were Gregg A. Dwyer, of Duracell Inc., Bethel, CT, and Charles E. Koob and David T. Eames, of Simpson, Thacher & Bartlett, New York City.

Velta A. Melnbrencis, of the Dept. of Justice, Washington, D.C., argued for appellee. With her on the brief were Richard K. Willard, Acting Asst. Atty. Gen., and David M. Cohen, Director, Washington, D.C.

Before SMITH, NIES, and BISSELL, Circuit Judges.


EDWARD S. SMITH, Circuit Judge.

Appellant Duracell, Inc. (Duracell), challenges the President's disapproval of a determination, under 19 U.S.C. § 1337 (1982), of the United States International Trade Commission (Commission). The Commission has moved to dismiss this appeal (1) for lack of a final determination which is appealable to this court pursuant to 19 U.S.C. § 1337 and under the grant of jurisdiction in 28 U.S.C. § 1295(a)(6), and (2) for lack...

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