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AMERICAN COAL. FOR COMPETITIVE TRADE v. CLINTON

No. 97-1036.

128 F.3d 761 (1997)

AMERICAN COALITION FOR COMPETITIVE TRADE, Petitioner v. William J. CLINTON and United States of America, Respondents Government of Canada, Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided November 14, 1997.

As Amended November 21, 1997.

Attorney(s) appearing for the Case

Donald R. Dinan, Washington, DC, argued the cause and filed the briefs for petitioner.

Douglas Letter, Attorney, United States Department of Justice, argued the cause for respondents, with whom Frank W. Hunger, Assistant Attorney General, Mary Lou Leary, United States Attorney, Stephen W. Preston and Anne M. Lobell, Attorneys, United States Department of Justice, Washington, DC, were on the brief.

Homer E. Moyer, Jr. and Mark V. Holmes, Washington, DC, were on the brief for intervenor Government of Canada.

Elliot J. Feldman and Stephen M. Truitt, Washington, DC, were on the brief for amicus curiae Gouvernement du Quebec.

Robert E. Herzstein and Perry S. Bechky, Washington, DC, were on the brief for amicus curiae Government of Mexico.

Rufus E. Jarman, New York City, was on the brief for amicus curiae Customs and International Trade Bar Association.

Before: WALD, WILLIAMS and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge WALD.

WALD, Circuit Judge:

Petitioner, the American Coalition for Competitive Trade ("ACCT"), has filed an original action in this court to challenge the constitutionality of the binational panel review provisions in the United States-Canada Free-Trade Agreement Implementation Act of 1988, Pub.L. No. 100-449, 102 Stat. 1851, and the North American Free Trade Agreement Implementation Act, Pub.L. No. 103-182, 107...

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