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AMERICAN PERMAC, INC. v. U.S.

No. 87-1159.

831 F.2d 269 (1987)

AMERICAN PERMAC, INC. and Boewe Maschinenfabrik, GmbH, Boewe Systems & Machinery, Inc., Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 15, 1987.

Attorney(s) appearing for the Case

Rufus E. Jarman, Jr., of Barnes, Richardson & Colburn, New York City, argued, for plaintiffs-appellants. Of counsel were Karin M. Burke and Matthew J. Clark.

Jack M. Simmons, III, of the U.S. Intern. Trade Com'n, Washington, D.C., argued, for defendant-appellee. With him on the brief were Lyn M. Schlitt, General Counsel, and James A. Toupin, Asst. Gen. Counsel.

Before NIES, Circuit Judge, SKELTON, Senior Circuit Judge, and ARCHER, Circuit Judge.

SKELTON, Senior Circuit Judge.

This is an appeal by the plaintiffs from a decision of the United States Court of International Trade (the court) in American Permac, Inc., Boewe et al. v. United States, ___ CIT ___, 656 F.Supp. 1228 (1986). The facts in the case as stated by the court are as follows.

Plaintiffs, a West German manufacturer of dry cleaning machinery and its American importer and distributor

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