SAARSTAHL AG v. U.S.

Nos. 94-1457, 94-1475.

78 F.3d 1539 (1996)

SAARSTAHL AG, Plaintiff-Appellee, v. The UNITED STATES, Defendant-Appellant, v. INLAND STEEL BAR COMPANY, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

March 12, 1996.


Attorney(s) appearing for the Case

David L. Simon, Grunfeld, Desiderio, Lebowitz & Silverman, of Washington, DC, argued for plaintiff-appellee. With him on the brief was Max F. Schutzman. Of counsel was Jeffrey S. Grimson.

Jeffrey M. Telep, Attorney, Department of Justice, of Washington, DC, argued for defendant-appellant, The United States. With him on the brief were Frank W. Hunger, Assistant Attorney General and David M. Cohen, Director. Also on the brief were Stephen J. Powell, Chief Counsel, John D. McInerney, Senior Counsel and Edward S. Reisman, Attorney-Advisor, Office of Chief Counsel for Import Administration, Washington, DC, of counsel. Of counsel was Berniece A. Browne.

Charles Owen Verrill, Wiley, Rein & Fielding, of Washington, DC, argued for defendant-appellant, Inland Steel Bar Company. With him on the brief were Alan H. Price, Willis S. Martyn, III and Brian E. Rosen. Also on the brief were Alan Wm. Wolff, Michael H. Stein and John A. Ragosta, Dewey Ballantine, of Washington, DC, and John J. Mangan and D. Scott Nance, Skadden, Arps, Slate, Meagher & Flom, of Washington, DC. Of counsel was Peter S. Jordan, Wiley, Rein & Fielding, of Washington, DC.

Richard O. Cunningham, Sheldon E. Hochberg, William L. Martin, II and Peter Lichtenbaum, Steptoe & Johnson, of Washington, DC, were on the brief for Amicus Curiae, British Steel PLC.

Before MAYER, Circuit Judge, SKELTON, Senior Circuit Judge, and PLAGER, Circuit Judge.


Opinion for the court filed by Circuit Judge MAYER. Dissenting opinion filed by Circuit Judge PLAGER.

MAYER, Circuit Judge.

The United States appeals the judgment of the Court of International Trade, Consol. Case No. 93-04-00219 (June 7, 1994), vacating the final determination of the United States Department of Commerce in Certain Hot Rolled Lead and Bismuth Carbon Steel Products From Germany, 58 Fed.Reg. 6233 (Dep't Comm. Jan. 27, 1993) (final affirmative...

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