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  5. 879 F.2d 815 (1989)
 

U.S. v. TOSHOKU AMERICA, INC.

Nos. 88-1221, 88-1222.

879 F.2d 815 (1989)

UNITED STATES of America, Plaintiff/Appellant, v. TOSHOKU AMERICA, INC. and Federal Insurance Co., Defendants/Cross-Appellants. TOSHOKU AMERICA, INC., Third-party/Plaintiff, v. CATZ INTERNATIONAL, INC., Third-party/Defendant and Fourth-party/Plaintiff, v. SOUTHERN COMMODITIES, INC., Fourth-party/Defendant.

United States Court of Appeals, Federal Circuit.

June 30, 1989.

Attorney(s) appearing for the Case

Kenneth N. Wolf, Commercial Litigation Branch, Dept. of Justice, of New York City, argued for plaintiff/appellant. With him on the brief were John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Attorney in Charge, International Trade Field Office.

Peter J. Fitch, Fitch, King & Caffentzis, of New York City, argued for defendants/cross-appellants.

Before NEWMAN, Circuit Judge, COWEN, Senior Circuit Judge, and ARCHER, Circuit Judge.

ARCHER, Circuit Judge.

The United States (government or Customs), Toshoku America Inc. (Toshoku) and Federal Insurance Company (FIC) appeal from the decision of the United States Court of International Trade, 670 F.Supp. 1006 (CIT 1987), granting summary judgment in favor of the government, but limiting its damages, and denying summary judgment in favor of Toshoku and FIC. We reverse.1

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