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WOLFF SHOE CO. v. U.S.

Nos. 97-1049, 97-1079.

141 F.3d 1116 (1998)

WOLFF SHOE CO., Plaintiff-Cross Appellant, v. The UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 14, 1998.

Attorney(s) appearing for the Case

Steven R. Sosnov, Sosnov & Associates, Norristown, PA, argued, for plaintiff-cross appellant.

James A. Curley, Attorney, Civil Division, Commercial Litigation Branch, International Field Office, U.S. Department of Justice, New York City, argued, for defendant-appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director, Civil Division, Commercial Litigation Branch, U.S. Department of Justice, Washington, DC, and Joseph I. Liebman, Attorney In Charge. Of counsel was Edward N. Maurer, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, New York City.

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

SCHALL, Circuit Judge.

This appeal arises out of the final assessment of duties due on goods imported into the United States by Wolff Shoe Company ("Wolff"). Wolff brought suit in the United States Court of International Trade seeking a full refund of countervailing duties or, alternatively, a discount in the amount of such duties assessed by the United States Customs Service ("Customs"). The Court of International Trade, on cross-motions for summary judgment, granted...

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