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SCHOTT OPTICAL GLASS, INC. v. U.S.

No. 88-1326.

862 F.2d 866 (1988)

SCHOTT OPTICAL GLASS, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

December 7, 1988.

Attorney(s) appearing for the Case

Richard C. King, Fitch, King and Caffentzis, New York City, argued, for plaintiff-appellant.

John J. Mahon, Commercial Litigation Branch, Dept. of Justice, New York City, argued, for defendant-appellee. With him on the brief, were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office.

Before FRIEDMAN, RICH, and NEWMAN, Circuit Judges.

FRIEDMAN, Circuit Judge.

This is an appeal from the judgment of the United States Court of International Trade entered on remand from our decision in Schott Optical Glass, Inc. v. United States, 750 F.2d 62 (Fed.Cir.1984) (Schott II). On remand, the appellant was given the opportunity to demonstrate that a prior Court of Customs and Patent Appeals decision construing the term "optical glass" in a customs classification...

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