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IRAN AIR v. KUGELMAN

Nos. 91-1596, 92-1304 and 92-1389.

996 F.2d 1253 (1993)

IRAN AIR, Petitioner, v. Robert F. KUGELMAN, Acting Under Secretary for Bureau of Export Administration, U.S. Department of Commerce, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 2, 1993.

Attorney(s) appearing for the Case

Thomas J. Whalen, argued for petitioner. Kevin Michael Sherlock also entered an appearance for petitioner.

John S. Koppel, Atty., Dept. of Justice, argued for respondent. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., Jay B. Stephens, U.S. Atty. at the time the brief was filed, Douglas N. Letter, Atty., Dept. of Justice, and Thomas C. Barbour, Sr. Trial Atty., Dept. of Commerce. Michael Jay Singer, Atty., Dept. of Justice, also entered an appearance for respondent.

Before EDWARDS, RUTH BADER GINSBURG, and SILBERMAN, Circuit Judges.

Opinion for the Court filed by Circuit Judge RUTH BADER GINSBURG.

Concurring opinion filed by Circuit Judge SILBERMAN.

GINSBURG, RUTH BADER, Circuit Judge.

I. INTRODUCTION

In 1985, Iran Air unwittingly violated the Export Administration Act of 1979, 50 U.S.C.App. §§ 2401-2420, in connection with the shipment of three U.S.-made "signal generators"1 from Germany to Iran. In 1990, the Commerce Department...

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