NEC CORP. v. U.S.

No. 98-1020.

151 F.3d 1361 (1998)

NEC CORPORATION and HNSX Supercomputers, Inc., Plaintiffs-Appellants, v. UNITED STATES and Department of Commerce, Defendants-Appellees, and Cray Research, Inc., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

August 7, 1998.


Attorney(s) appearing for the Case

Robert E. Montgomery, Jr., Paul, Weiss, Rifkind, Wharton & Garrison, Washington, DC, argued for plaintiffs-appellants. With him on the brief were Terence J. Fortune, Robert P. Parker, David J. Weiler, and Swati Agrawal.

Lucius B. Lau, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued for defendants-appellees, United States and Department of Commerce. With him on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, and A. David Lafer, Senior Trial Counsel. Of counsel were Berniece A. Browne, Patrick V. Gallagher, David W. Richardson, and Stephen J. Powell, U.S. Department of Commerce, Washington, DC.

Michael L. Burack, Wilmer, Cutler & Pickering, Washington, DC, argued for defendant-appellee, Cray Research, Inc. With him on the brief were John D. Greenwald, Stuart M. Weiser, and Amber L. Cottle.

Before NEWMAN, Circuit Judge, SKELTON, Senior Circuit Judge, and PLAGER, Circuit Judge.


PLAGER, Circuit Judge.

This challenge to the Department of Commerce's ("Commerce's") administration of the antidumping laws arises in a somewhat unusual way: plaintiffs-appellants NEC Corporation and HNSX Supercomputers, Inc. (collectively "NEC") seek to enjoin Commerce from conducting an antidumping investigation involving certain supercomputers from Japan. NEC alleges that the deciding officials in Commerce had prejudged the outcome, and therefore were Constitutionally...

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