MODINE MFG. CO. v. U.S. INTERN. TRADE COM'N

No. 93-1513.

75 F.3d 1545 (1996)

MODINE MANUFACTURING COMPANY, Appellant, v. UNITED STATES INTERNATIONAL TRADE COMMISSION, Appellee, and Showa Aluminum Corporation and Showa Aluminum Corporation of America, and Mitsubishi Motors Corporation and Mitsubishi Motors Sales of America, and Mitsubishi Heavy Industries, Ltd. and Mitsubishi Heavy Industries America, Inc., Intervenors.

United States Court of Appeals, Federal Circuit.

February 5, 1996.


Attorney(s) appearing for the Case

Richard J. Hoskins, Schiff, Hardin & Waite, Chicago, Illinois, argued for appellant. With him on the brief were Thomas B. Quinn, Stuart I. Graff, Patricia J. Thompson and Randall M. Whitmeyer. Also on the brief were V. James Adduci, II, Charles F. Schill and Peter B. Martine, Adduci, Mastriani, Schaumberg & Schill, Washington, DC.

Matthew T. Bailey, Office of General Counsel, U.S. International Trade Commission, Washington, DC, argued for appellee. With him on the brief were Lyn M. Schlitt, General Counsel and James A. Toupin, Assistant General Counsel. John S. Kiernan, Debevoise & Plimpton, New York City, argued for intervenor, Showa Aluminum Corporation of America. With him on the brief were James E. Armstrong, III, Ronald F. Naughton and Joseph J. Zito, Armstrong, Westerman, Hattori, McLeland & Naughton, Washington, DC.

Robert E. Montgomery, Jr. and Robert P. Parker, Paul, Weiss, Rifkind, Wharton & Garrison, Washington, DC, were on the brief for intervenor, Mitsubishi Heavy Industries, Ltd. and Mitsubishi Heavy Industries America, Inc.

Terrell C. Birch, Bernard L. Sweeney, Charles Gorenstein and Terry L. Clark, Birch, Stewart, Kolasch & Birch, Falls Church, Virginia, were on the brief for Mitsubishi Motors Corporation and Mitsubishi Motor Sales of America. Of counsel was Robert J. Kenny.

Before NEWMAN, MAYER, and CLEVENGER, Circuit Judges.


Opinion for the court filed by Circuit Judge NEWMAN. Circuit Judge MAYER dissents without opinion.

PAULINE NEWMAN, Circuit Judge.

Modine Manufacturing Co. appeals the decision of the United States International Trade Commission,1 holding that section 337 of the Tariff Act, 19 U.S.C. § 1337, was not violated by the importation of certain automotive condensers. The respondents before the Commission, who participate as intervenors...

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