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TIMKEN CO. v. U.S.

No. 89-1489.

893 F.2d 337 (1990)

The TIMKEN COMPANY, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant, and China National Machinery and Equipment Import and Export Corporation, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied March 12, 1990.

Attorney(s) appearing for the Case

Terence P. Stewart, Stewart & Stewart, Washington, D.C., argued for plaintiff-appellee. With him on the brief were Eugene L. Stewart, James R. Cannon, Jr., and Jessica Wasserman. Also on the brief was Scott A. Scherff, Senior Corporate Counsel, The Timken Co., of counsel.

David M. Cohen, Director, Commercial Litigation Branch, Dept. of Justice, Washington, D.C., argued for defendant-appellant. With him on the brief were Stuart E. Schiffer, Acting Asst. Atty. Gen., Velta A. Melnbrencis, Asst. Director and Platte B. Moring, III. Also on the brief were Wendell L. Willkie, II, Gen. Counsel, Stephen J. Powell, Chief Counsel for Import Admin. and Craig R. Giesse, Attorney-Advisor, Office of the Chief Counsel for Import Admin., U.S. Dept. of Commerce, of Washington, D.C.

Lawrence R. Walders, Graham & James, of Washington, D.C., represented defendant-appellee, China National Machinery & Equipment Import and Export.

Before MARKEY, Chief Judge, RICH, Circuit Judge, and DUMBAULD, Senior Judge .

RICH, Circuit Judge.

The United States Department of Commerce (Commerce) appeals from the May 26, 1989, order of the Court of International Trade (CIT)1, Court No. 87-06-00738, granting plaintiff-appellee Timken's application for a writ of mandamus and ordering Commerce to publish notice in the Federal Register of the CIT's decision in Timken Co. v. United States,

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