ALLIED CORP. v. U.S. INTERN. TRADE COM'N

Appeal Nos. 87-1455, 87-1616.

850 F.2d 1573 (1988)

ALLIED CORPORATION, Appellant, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Appellee, and Hitachi Metals, Ltd., et al., Vacuumschmelze GmbH, Nippon Steel Corporation, et al., and Siemens Capital Corp., Intervenors/Appellees.

United States Court of Appeals, Federal Circuit.

As Amended on Denial of Rehearing August 25, 1988.


Attorney(s) appearing for the Case

David W. Plant, Fish & Neave, New York City, argued for appellant Allied. With him on the brief were David J. Lee, Eric M. Lee, Christopher B. Garvey and Robert A. Musicant. Also on the brief were Brian D. Forrow and David M. McConoughey, Allied Corp., Morristown, N.J., of counsel.

Jean H. Jackson, Office of the Gen. Counsel, U.S. Intern. Trade Com'n, Washington, D.C., argued for appellee ITC. With her on the brief were Lyn M. Schlitt, Gen. Counsel and James A. Toupin, Asst. Gen. Counsel.

Thomas J. Macpeak, Sughrue, Mion, Zinn, Macpeak & Seas, Washington, D.C., argued for intervenor Hitachi. With him on the brief were Waddell A. Biggart and Sheldon I. Landsman. Also on the brief were Alan J. Neuwirth, Michael Doherty and Richard Mescon, Webster & Sheffield, New York City, of counsel.

John D. Simpson, Hill, Van Santen, Steadman & Simpson, Chicago, Ill., argued for intervenor Vacuumschmelze. With him on the brief was Steven H. Noll. Also on the brief was Tom Schaumberg and Alice Kipel, Howrey & Simon, Washington, D.C., of counsel.

Thomas L. Creel, Kenyon & Kenyon, of New York City, argued for intervenor Nippon. With him on the brief were Edward W. Greason, Robert T. Tobin, Philip J. McCabe, John J. Kelly, Jr. and Richard M. Rosati.

Before MARKEY, Chief Judge, DAVIS and ARCHER, Circuit Judges.


MARKEY, Chief Judge.

Consolidated appeals from an Advisory Opinion of the United States International Trade Commission (ITC), Investigation No. 337-TA-143 (May 28, 1987) (Appeal No. 87-1455), and from a Modified General Exclusion Order, Id. (June 17, 1987) (Appeal No. 87-1616). We dismiss the appeal from ITC's Advisory Opinion for lack of jurisdiction and affirm the Modified General Exclusion Order.

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