SURFACE TECHNOLOGY, INC. v. UNITED STATES INTERN. TRADE COMMISSION

Appeal Nos. 85-1163, 85-1862 and 85-1863.

780 F.2d 29 (1985)

SURFACE TECHNOLOGY, INC., Petitioner, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Respondent. ELEKTROSCHMELZWERK KEMPTEN, GMBH, et al., Petitioners, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Respondent. W. SCHLAFHORST & CO., et al., Petitioners, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Respondent.

United States Court of Appeals, Federal Circuit.

As Amended December 20, 1985.


Attorney(s) appearing for the Case

Kenneth J. Burchfiel, Sughrue, Mion, Zinn, Macpeak & Seas, Washington, D.C., argued for petitioner. With him on the brief was Thomas J. Macpeak, P.C., Italo H. Ablondi, F. David Foster and Sturgis M. Sobin, Ablondi & Foster, P.C., Washington, D.C., of counsel.

Judith M. Czako, Office of the General Counsel, U.S. Intern. Trade Com'n, Washington, D.C., argued for respondent ITC. With her on the brief were Lyn M. Schlitt, Gen. Counsel and Michael P. Mabile, Asst. Gen. Counsel.

Donald D. Evenson, Barnes & Thornburg, Washington, D.C., argued for petitioner W. Schlafhorst & Co. With him on the brief was Ryan M. Fountain. Dalbert U. Shefte, Richards, Shefte, & Pinckney, Charlotte, N.C. and Donald E. Knebel, Barnes & Thornburg, Indianapolis, Ind., of counsel.

Herbert I. Cantor, Cantor & Lessler, Bethesda, Md., argued for petitioner Elektroschmelzwerk. Milton J. Wayne and Richard M. Goldberg Burgess, Ryan & Wayne, New York City, of counsel.

Before FRIEDMAN, RICH, and DAVIS, Circuit Judges.


ORDER*

RICH, Circuit Judge.

Surface Technology, Inc. (STI) filed a complaint alleging unfair acts and methods of competition in violation of § 337 of the Tariff Act of 1930 before the International Trade Commission. Elektroschmelzwerk Kempten, GMBH (ESK) and W. Schlafhorst and Co. (Schlafhorst) participated as respondents before the ITC. Ultimately the Commission found no violation of § 337. All three parties have filed...

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