ARBOR FOODS INC. v. U.S.

No. 95-1405.

97 F.3d 534 (1996)

ARBOR FOODS INCORPORATED, Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 30, 1996.


Attorney(s) appearing for the Case

Robert B. Silverman, Grunfeld, Desiderio, Lebowitz & Silverman LLP, New York City, argued, for plaintiff-appellant. With him on the brief, was David M. Murphy.

Barbara Silver Williams, Attorney, Civil Division, Commercial Litigation Branch, Department of Justice, International Trade Field Office, New York City, argued, for defendant-appellee. With her on the brief, were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director, Washington, DC, and Joseph I. Liebman, Attorney in Charge, International Trade Field Office. Of counsel on the brief were Robert J. Heilferty, Attorney-Advisor, Office of the Chief Counsel for International Trade, U.S. Department of Commerce, and Karen P. Binder, (Acting) Deputy Assistant Chief Counsel, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service.

Before LOURIE, Circuit Judge, SKELTON, Senior Circuit Judge, and SCHALL, Circuit Judge.


SCHALL, Circuit Judge.

Arbor Foods Incorporated ("Arbor") appeals the April 20, 1995 decision of the United States Court of International Trade in Docket No. 93-08-0046, 885 F.Supp. 281. In its decision, the court granted summary judgment for the United States Customs Service ("Customs") in Arbor's suit against Customs challenging Customs' refusal to admit sealed containers of sugar syrup into a foreign-trade zone ("FTZ"). We...

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