NEW ZEALAND LAMB CO., INC. v. U.S.

No. 97-1446.

149 F.3d 1366 (1998)

NEW ZEALAND LAMB COMPANY, INC., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 20, 1998.


Attorney(s) appearing for the Case

Edward J. Farrell, Wigman, Cohen, Leitner & Myers, P.C., Washington, DC, argued, for plaintiff-appellee.

James A. Curley, Commercial Litigation Branch, Civil Division, Department of Justice, International Trade Field Office, New York City, argued, for defendant-appellant. With him on the brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director, Washington, DC, and Joseph I. Liebman, Attorney in Charge, International Trade Field Office, New York City. Of counsel on the brief were Beth C. Brotman, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs Service, New York City, and Joan L. MacKenzie, Office of Chief Counsel for Import Administration, Department of Commerce, Washington, DC.

Before MAYER, Chief Judge, and MICHEL and LOURIE, Circuit Judges.


MAYER, Chief Judge.

The United States appeals the April 22, 1997, judgment of the United States Court of International Trade, No. 91-04-00297, which granted New Zealand Lamb Company, Inc.'s motion for summary judgment that it did not owe interest under 19 U.S.C. § 1671f(b) (1988). Because the court erred in interpreting this statute, we reverse.

Background

On September 17, 1985, the Department...

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