ORLANDO FOOD CORP. v. U.S.

No. 97-1335.

140 F.3d 1437 (1998)

ORLANDO FOOD CORP., Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 6, 1998.


Attorney(s) appearing for the Case

Steven P. Florsheim, Grunfeld, Desiderio, Lebowitz & Silverman, LLP, New York City, argued for plaintiff-appellee. With him on the brief were Peter W. Klestadt, Robert B. Silverman, and Erik D. Smithweiss.

Mikki Graves Walser, Attorney, Civil Division, International Trade Field Office, Commercial Litigation Branch, U.S. Department of Justice, New York City, argued for defendant-appellant. With her on the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Washington, DC, and Joseph I. Liebman, Attorney in Charge, International Trade Field Office. Of counsel on the brief was Mark G. Nackman, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs Service, New York City.

Before CLEVENGER, Circuit Judge, SMITH, Senior Circuit Judge, and SCHALL, Circuit Judge.


CLEVENGER, Circuit Judge.

In this classification case, the government appeals from the decision of the Court of International Trade granting summary judgment for Orlando Food Corp. ("Orlando"). Orlando Food Corp. v. United States, No. 94-03-00140, 1997 WL 68245 (Ct. Int'l Trade Feb. 10, 1997).1 The Court of International Trade determined that Orlando's imported product was classifiable...

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