NORCAL/CROSETTI FOODS, INC., Patterson Frozen Foods, Inc., and Richard A. Shaw, Inc., Plaintiffs-Appellees,
v.
The UNITED STATES, U.S. Customs Service, U.S. Department of Treasury, Nicholas Brady, John Durant and Howard B. Fox, Defendants-Appellants.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
May 4, 1992.
May 4, 1992.
Attorney(s) appearing for the Case
Robert Ted Parker, Titchell, Maltzman, Mark, Bass, Ohleyer & Mishel, San Francisco, Cal., argued, for plaintiffs-appellees. With him on the brief was Richard D. Maltzman.
Barbara Epstein, Commercial Litigation Branch, Dept. of Justice, New York City, argued, for defendants-appellants. With her on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office. Also on the brief was Claib L. Cook, Offices of General Counsel, U.S. Customs Service, of counsel.
Irwin P. Altschuler, Donald S. Stein and Claudia G. Pasche, Brownstein, Zeidman & Schomer, Washington, D.C., were on the brief for amicus curiae, Covemex, S.A. De C.V.
Paul C. Rosenthal and Michael R. Kershow, Collier, Shannon & Scott, Washington, D.C., were on the brief for amicus curiae, Nat. Juice Products Ass'n. Also on the brief were David C.G. Kerr and Ansley Watson, Jr., MacFarlane, Ferguson, Allison & Kelly, Tampa, Fla.
Gary Jay Kushner, Timothy C. Stanceu and David W. Phillips, Hogan & Hartson, Washington, D.C., were on the brief for amicus curiae, Grocery Mfrs. of America, Inc.
Before NIES, Chief Judge, NEWMAN and MAYER, Circuit Judges.
United States Court of Appeals, Federal Circuit.
MAYER, Circuit Judge.
The government appeals the judgment of the United States Court of International Trade, 758 F.Supp. 729 (Ct. Int'l Trade 1991), finding subject matter jurisdiction and compelling the United States Customs Service to withdraw a ruling letter approving certain practices of marking imported frozen produce. We reverse and remand with instructions to dismiss.
Background
Appellees, Norcal...
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