NATIONAL CORN GROWERS ASS'N v. BAKER

Nos. 87-1147 to 87-1149 and 87-1160.

840 F.2d 1547 (1988)

NATIONAL CORN GROWERS ASSOCIATION, New Energy Company of Indiana, Archer Daniels Midland Company, Ohio Farm Bureau Federation, and A.E. Staley Manufacturing Company, Plaintiffs-Cross-Appellants, v. James BAKER, III, Secretary, John M. Walker, Jr., Assistant Secretary, William Von Raab, Commissioner, United States of America, Citicorp International Co., Inc. and RAJ Chemicals, Inc., Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

Post-trial Motion Denied March 14, 1988.


Attorney(s) appearing for the Case

Stephen L. Urbanczyk, of Williams & Connolly, Washington, D.C., argued, for appellee National. With him on the brief, were Aubrey M. Daniel, III, Manley W. Roberts, Robert W. Hamilton, and William R. Murray, Jr.

David M. Cohen, Director, of the Commercial Litigation Branch, Dept. of Justice, New York City, argued, for defendant-appellant Baker. With him on the brief, were Richard K. Willard, Asst. Atty. Gen., Joseph I. Liebman, Attorney-in-Charge, Intern. Trade Field Office and Kenneth N. Wolf.

A. Douglas Melamed, of Wilmer, Cutler & Pickering, Washington, D.C., argued, for defendant-appellant Citicorp. With him on the brief, were Robert C. Cassidy, Jr. and Deborah M. Levy.

Joseph A. Artabane, of Spriggs, Bode & Hollingsworth, Washington, D.C., argued, for defendant-appellant RAJ. With him on the brief, were William H. Bode, Mark J. Riedy and Joseph L. Nellis.

Robert J. Leo, New York City, was on the brief, for amicus curiae, American Ass'n of Exporters and Importers.

William F. Demarest, Jr., J. Peter Luedtke, and Thomas C. Jones, Jr., of Holland & Hart, Washington, D.C., were on the brief, for amicus curiae Citgo Petroleum Corp.

Before BISSELL and MAYER, Circuit Judges, and NICHOLS, Senior Circuit Judge.


NICHOLS, Senior Circuit Judge.

Secretary of the Treasury James Baker (in his official capacity on behalf of the United States), Citicorp International Co., Inc. (Citicorp), and RAJ Chemicals, Inc. (RAJ) appeal the decision of the Court of International Trade, No. 85-08-01151, 9 CIT 571, 623 F.Supp. 1262 (1985), arguing that the trial court lacked jurisdiction. Upon examination of the complete record and decisions below, this court...

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