GOODMAN MFG., L.P. v. U.S.

No. 94-1477.

69 F.3d 505 (1995)

GOODMAN MANUFACTURING, L.P., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

October 24, 1995.


Attorney(s) appearing for the Case

William M. Methenitis, Strasburger & Price, L.L.P., Dallas, Texas, argued for plaintiff-appellant. With him on the brief was Andrew G. Halpern, Dallas, Texas.

Joseph I. Liebman, Attorney in Charge, International Trade Field Office, Commercial Litigation Branch, Department of Justice, New York City, argued for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General, Washington, DC, David M. Cohen, Director, Washington, DC, and Carla Garcia-Benitez, New York City. Also on the brief was Karen P. Binder, Office of the Assistant, Chief Counsel, International Trade Litigation, U.S. Customs Service, New York City, of counsel.

Marshall V. Miller and Melissa Farley Sebree, Miller & Company, P.C., Kansas City, Missouri, were on the brief for Amicus Curiae, National Association of Foreign-Trade Zones.

Lauren R. Howard and Mary T. Staley, Collier, Shannon, Rill & Scott, Washington, DC, were on the brief for Amicus Curiae, American Iron and Steel Institute.

Before ARCHER, Chief Judge, MAYER and RADER, Circuit Judges.


MAYER, Circuit Judge.

Goodman Manufacturing, L.P., appeals a June 30, 1994, judgment of the Court of International Trade, 855 F.Supp. 1301 (Ct. Int'l Trade 1994), denying its motion for summary judgment and granting the government's cross-motion for summary judgment. We reverse.

Background

In 1934, Congress authorized the creation of a Foreign Trade Zone Board "to grant to public and private corporations...

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