RSI (INDIA) PVT., LTD. v. U.S.

No. 89-1080.

876 F.2d 1571 (1989)

RSI (INDIA) PVT., LTD., South Bay Foundry, Creswell Trading Company and City Pipe Company, Plaintiffs-Appellants, Kajaria Castings Pvt., Ltd., Kejriwal Iron & Steel Works, Seramporte Industries Pvt., Ltd., UMA Iron & Steel Company, Commex Corp., Govind Steel Co., Ltd. and East Coast Manufacturing, Plaintiffs, v. The UNITED STATES, Malcolm Baldrige, Secretary of Commerce, Gilbert B. Kaplan, Deputy Assistant Secretary of Commerce for Import Administration and William Von Raab, Commissioner of Customs, Defendants-Appellees, Pinkerton Foundry Inc., Alhambra Foundry Co., Allegheny Foundry Co., Campbell Foundry Co., Deeter Foundry Inc., East Jordan Iron Works, Inc., Lebaron Foundry Inc., Municipal Castings Inc., Neenah Foundry Co., U.S. Foundry & Mfg. Corp. and Vulcan Foundry Inc., Defendants.

United States Court of Appeals, Federal Circuit.

June 1, 1989.


Attorney(s) appearing for the Case

Ronald M. Wisla, of Brownstein Zeidman and Schomer, Washington, D.C., argued for plaintiffs-appellants. With him on the brief were Irwin P. Altschuler and Claudia G. Pasche, of Brownstein Zeidman and Schomer, Washington, D.C.

Elizabeth C. Seastrum, of the Civil Div., Dept. of Justice, Washington, D.C., argued for defendants-appellees. With her on the brief were John R. Bolton, Asst. Atty. Gen., and David M. Cohen, Director. Of counsel were Michael A. Levitt, Acting Gen. Counsel, Stephen J. Powell, Chief Counsel, and Mark J. Sadoff, Atty.-Advisor, U.S. Dept. of Commerce. Paul C. Rosenthal, of Collier, Shannon, Rill & Scott, Washington, D.C., argued for defendants Pinkerton Foundry Inc., et al. With him on the brief was Carol A. Mitchell, of Collier, Shannon, Rill & Scott, Washington, D.C.

Before MARKEY, Chief Judge, NICHOLS, Senior Circuit Judge, and NEWMAN, Circuit Judge.


NICHOLS, Senior Circuit Judge.

This appeal presents for our review a series of decisions by the Court of International Trade (687 F.Supp. 605 (1988), reh'g denied, 688 F.Supp. 646 (1988)) which, in the end, affirm the determination of the Department of Commerce, International Trade Administration (ITA or Agency), 45 Fed.Reg. 68, 650 (1980), and dismiss the proceeding. The case involved...

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