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BERGERCO CANADA v. U.S. TREASURY DEPT.

No. 96-5225.

129 F.3d 189 (1997)

BERGERCO CANADA, A DIVISION OF CONAGRA, LTD., Appellee, v. UNITED STATES TREASURY DEPARTMENT, OFFICE OF FOREIGN ASSETS CONTROL, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided November 12, 1997.

Attorney(s) appearing for the Case

Douglas N. Letter, Appellate Litigation Counsel, U.S. Department of Justice, Washington, DC, argued the cause for appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General, Eric H. Holder, Jr., U.S. Attorney at the time the briefs were filed, William B. Hoffman, Chief Counsel, U.S. Department of Treasury, and Susan Klavens Hutner, Senior Counsel. R. Craig Lawrence, Assistant U.S. Attorney, entered an appearance.

Neil E. McDonell, New York City, argued the cause for appellee Bergerco Canada. With him on the brief was Ramon P. Marks. Stephen A. Weiner, New York City, and D. Edward Wilson, Jr., Washington, DC, entered appearances.

Before: WILLIAMS and RANDOLPH, Circuit Judges, and BUCKLEY, Senior Circuit Judge.

Opinion for the Court filed by Circuit Judge STEPHEN F. WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

Bergerco Canada ("Bergerco") applied for a license to allow it to collect payment on a debt from frozen Iraqi assets, under a set of rules that gave it a very good chance of securing the license. The licensing agency — the Office of Foreign Assets Control ("OFAC"), a unit of the United States Treasury Department — then changed the rules, so that...

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