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U.S. v. HITACHI AMERICA, LTD.

No. 97-1431, 97-1447 and 97-1452.

172 F.3d 1319 (1999)

UNITED STATES, Plaintiff-Appellant, v. HITACHI AMERICA, LTD., Defendant/Cross-Appellant, and Hitachi, Ltd., Defendant/Cross-Appellant.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied June 29, 1999.

Attorney(s) appearing for the Case

James W. Poirier, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of Washington, DC, argued for Plaintiff-Appellant. With him on the brief was David M. Cohen, Director.

John R. Wing, Weil, Gotshal & Manges LLP, of New York, New York, argued for Defendant/Cross-Appellant Hitachi America, Ltd. With him on the brief was Yoav M. Griver. Of counsel was Stuart M. Rosen.

William A. Streff, Jr., Kirkland & Ellis, of Chicago, Illinois, argued for Defendant/Cross-Appellant Hitachi, Ltd. With him on the brief were David G. Norrell, Eugene F. Assaf and Paul F. Brinkman of Washington, DC.

Before MICHEL, LOURIE, and GAJARSA, Circuit Judges.

Rehearing and Rehearing En Banc Denied June 29, 1999.

MICHEL, Circuit Judge.

In this customs duties case, the United States, Hitachi America, Ltd. ("HAL") and its parent, Hitachi, Ltd. ("Hitachi Japan") each appeals from a portion of the judgment of the United States Court of International Trade in United States v. Hitachi America, Ltd., 964 F.Supp. 344 (CIT 1997). The government brought an enforcement action against...

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