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DIGITAL EQUIPMENT CORP. v. U.S.

No. 89-1438.

889 F.2d 267 (1989)

DIGITAL EQUIPMENT CORPORATION, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing Denied December 12, 1989.

Suggestion for Rehearing Declined January 25, 1990.

Attorney(s) appearing for the Case

William D. Outman, II, Baker & McKenzie, Washington, D.C., argued for plaintiff-appellee. With him on the brief was Thomas Peele. Also on the brief was Edward F. Juliano, Jr., Corporate Customs Atty., Digital Equipment Corp., of counsel.

Saul Davis, Commercial Litigation Branch, Dept. of Justice, New York City, argued for defendant-appellant. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office.

Frederick L. Ikenson and Larry Hampel, of Frederick L. Ikenson, P.C., Washington, D.C., were on the brief, for amicus curiae, Zenith Electronics Corp.

Before BISSELL and MICHEL, Circuit Judges, and COWEN, Senior Circuit Judge.

Suggestion for Rehearing In Banc Declined January 25, 1990.

COWEN, Senior Circuit Judge.

DECISION

The United States appeals from a decision of the United States Court of International Trade which found that the Customs Service had improperly classified merchandise as "rectifiers and rectifying apparatus" under Item 682.60 of the Tariff Schedules of the United States (TSUS). Digital Equip. Corp. v. United States, 710 F.Supp...

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