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EASTALCO ALUMINUM CO. v. U.S.

No. 91-1234.

995 F.2d 201 (1993)

EASTALCO ALUMINUM COMPANY, F.W. Myers & Co., Inc., and Intalco Aluminum Corporation, Plaintiff-Appellants, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

June 3, 1993.

Attorney(s) appearing for the Case

John M. Peterson, Neville, Peterson & Williams, of New York City, argued for plaintiff-appellants. With him on the brief was Peter J. Allen.

Joseph I. Liebman, Atty. in Charge, Intern. Trade Field Office, Dept. of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Bruce N. Stratvert, Atty.

Joseph S. Kaplan, Ross & Hardies, Chairman, Trial and Appellate Practice Committee, of New York City, was on the brief for amicus curiae, Customs and Intern. Trade Bar Ass'n.

Before ARCHER, LOURIE and ALARCON, Circuit Judges.

ARCHER, Circuit Judge.

Eastalco Aluminum Co., F.W. Myers & Co., and Intalco Aluminum Co. (collectively Eastalco) appeal the order of the United States Court of International Trade (trial court) enjoining them from voluntarily dismissing certain cases placed on that court's "Suspension Calendar." See Eastalco Aluminum Co. v. United States, 750 F.Supp. 1135 (Ct.Int'l Trade 1990). Because the injunction is in direct conflict...

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