CONOCO, INC. v. U.S. FOREIGN-TRADE ZONES BD.

No. 92-1396.

18 F.3d 1581 (1994)

CONOCO, INC., Citgo Petroleum Corporation and Lake Charles Harbor and Terminal District, Plaintiffs-Appellants, v. The UNITED STATES FOREIGN-TRADE ZONES BOARD; Barbara H. Franklin, Secretary of Commerce, as Chairman and Executive Officer of the Foreign-Trade Zones Board; Nicholas F. Brady, Secretary of the Department of the Treasury, as Member of the Foreign-Trade Zones Board; Michael P.W. Stone, Secretary of the Army, as a Member of the Foreign-Trade Zones Board and John J. Da Ponte, Jr., Executive Secretary of the Foreign-Trade Zones Board, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

March 15, 1994.


Attorney(s) appearing for the Case

William F. DeMarest, Jr., Holland & Hart, Washington, DC, argued for plaintiffs-appellants. With him on the brief was Adelia S. Borrasea. Also on the brief was Charles M. Floren, CITGO Petroleum Corp., of Tulsa, OK.

Mark S. Sochaczewsky, Attorney, Commercial Litigation Branch, Dept. of Justice, New York City, argued for defendants-appellees. With him on the brief were Stuart M. Gerson, Asst. Atty. Gen., David M. Cohen, Director and Joseph I. Liebman, Attorney in Charge, International Trade Field Office.

John G. Kester and David D. Aufhauser, Williams & Connolly, of Washington, DC, were on the brief for amicus curiae, Phibro Energy, Inc. and Phibro Energy USA, Inc.

Before RICH and PLAGER, Circuit Judges, and COHN, District Judge.


PLAGER, Circuit Judge.

In this case we are called upon to determine what court, if any, has jurisdiction to review certain orders of the Foreign Trade Zones Board (Board or FTZB), an agency of the federal government.1 Appellants appeal the April 7, 1992 judgment of the Court of International Trade, Court No. 90-06-00289, dismissing for lack of jurisdiction this action — a challenge to the Board's imposition of conditions on the...

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