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WARNER BROS., INC. v. U.S. INTERN. TRADE COM'N

Appeal No. 85-2107.

787 F.2d 562 (1986)

WARNER BROTHERS, INC., Appellant, v. U.S. INTERNATIONAL TRADE COMMISSION, Appellee.

United States Court of Appeals, Federal Circuit.

March 20, 1986.

Attorney(s) appearing for the Case

J. Joseph Bainton, New York City, argued, for appellant. With him on brief were Steven H. Reisberg and Joseph J. Iarocci, Reboul, MacMurray, Hewitt, Maynard & Kristol, of counsel.

William E. Perry, Office of the Gen. Counsel, Washington, D.C., argued, for appellee. With him on brief were Lyn M. Schlitt, Gen. Counsel and Michael P. Mabile, Asst. Gen. Counsel.

Richard M. Cooper and Mary G. Clark, Williams & Connolly, Washington, D.C., were on brief for amicus curiae, Motion Picture Ass'n of America, Inc.

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

NIES, Circuit Judge.

Warner Brothers, Inc. appeals from the final decision of the International Trade Commission (ITC) in investigation No. 337-TA-201, which declined to grant Warner's request for a temporary exclusion order (TEO) because Warner failed to prove that the domestic industry would suffer immediate and substantial harm in the absence of such relief. Because the ITC applied the correct legal standard, and its finding of no immediate and substantial harm...

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