SAMSUNG ELECTRONICS AMERICA, INC. v. U.S.

No. 96-1127.

106 F.3d 376 (1997)

SAMSUNG ELECTRONICS AMERICA, INC., Plaintiff-Appellant, v. The UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

February 3, 1997.


Attorney(s) appearing for the Case

Thomas Joseph Kovarcik, Irving A. Mandel, Counselor at Law, New York City, argued, for plaintiff-appellant. With him on the brief were Irving A. Mandel, and Jeffrey H. Pfeffer.

Bruce N. Stratvert, Commercial Litigation Branch, Civil Division, Department of Justice, New York City, argued, for defendant-appellee. With him on the brief were Frank W. Hunger, Assistant Attorney General and David M. Cohen, Director, Washington, D.C., and Joseph I. Liebman, Attorney in Charge, International Trade Field Office, New York City. Of counsel on the brief was Mark G. Nackman, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, New York City.

Before MAYER, MICHEL and RADER, Circuit Judges.


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

MICHEL, Circuit Judge.

Samsung Electronics America, Inc. ("Samsung") appeals from the Order of the United States Court of International Trade entered October 26, 1995 in Samsung Electronics America, Inc. v. United States, 904 F.Supp. 1403 (C.I.T. 1995), in which the trade court (a) denied Samsung's motion for summary...

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