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E.C. McAFEE A/C BRISTOL METAL INDUSTRIES v. U.S.

Appeal No. 87-1209.

832 F.2d 152 (1987)

E.C. McAFEE A/C BRISTOL METAL INDUSTRIES OF CANADA LTD., Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

October 23, 1987.

Attorney(s) appearing for the Case

Michael P. Maxwell, Commercial Litigation Branch, Dept. of Justice, New York City, argued for defendant-appellant. With him on brief were Richard K. Willard, Asst. Atty. General, David M. Cohen, Director and Joseph I. Liebman, Atty. in Charge, International Trade Field Office.

James Caffentzis, Fitch, King & Caffentzis, New York City, argued for plaintiff-appellee.

Before NIES, Circuit Judge, COWEN, Senior Circuit Judge, and BISSELL, Circuit Judge.

NIES, Circuit Judge.

The United States appeals from a final order of the United States Court of International Trade in McAfee v. United States, 650 F.Supp. 1026 (CIT 1986), which ordered the government to refund custom duties to "E.C. McAfee a/c Bristol Metal Industries of Canada, Ltd." in the amount of $43,438.56 plus appropriate interest. The government challenges the trial court's jurisdiction to issue the order and...

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