FMC CORP. v. U.S.

No. 92-1366.

3 F.3d 424 (1993)

FMC CORPORATION and Monsanto Company, Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee, and Rotem Fertilizers Ltd., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 19, 1993.


Attorney(s) appearing for the Case

Joseph H. Price, Gibson, Dunn & Crutcher, Washington, DC, argued for plaintiffs-appellants.

Jeffrey M. Telep, Atty., Commercial Litigation Branch, Dept. of Justice, of Washington, DC, argued for defendant-appellee, The U.S. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen. and David M. Cohen, Director. Of Counsel were Velta A. Melnbrencis, Stephen J. Powell and Berniece A. Browne. Also on the brief was Jeffrey B. Denning, Attorney-Advisor, Office of Chief Counsel for Import Admin., U.S. Dept. of Commerce, of counsel. Dennis James, Jr., Whitman & Ransom, of Washington, DC, argued for defendant-appellee, Rotem Fertilizers Ltd.

Before RICH, Circuit Judge, COWEN, Senior Circuit Judge, and MAYER, Circuit Judge.


RICH, Circuit Judge.

FMC Corporation and Monsanto Company (collectively FMC), domestic producers of industrial phosphoric acid (IPA), appeal the May 15, 1992 final determination of the United States Court of International Trade (CIT), refusing to preliminarily enjoin the liquidation of IPA entries exported from Israel by Rotem Fertilizers Ltd. and its predecessor corporation, Negev Phosphate, Ltd. (Negev). 792 F.Supp. 1285. For...

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