BAXTER HEALTHCARE CORP. OF PUERTO RICO v. U.S.

No. 98-1343.

182 F.3d 1333 (1999)

BAXTER HEALTHCARE CORPORATION OF PUERTO RICO, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

Rehearing Denied; Suggestion for Rehearing Declined September 20, 1999.


Attorney(s) appearing for the Case

Michael E. Roll, Katten Muchin & Zavis, of Chicago, Illinois, argued for plaintiff-appellant. With him on the brief were Mark S. Zolno, and Jennifer F. Kessinger.

Barbara S. Williams, Attorney, International Trade Field Office, Department of Justice, of New York, New York, argued for defendant-appellee. With her on the brief were David M. Cohen, Director, Civil Division, Commercial Litigation Branch, Department of Justice, of Washington, DC; and Joseph I. Liebman, Attorney in Charge, International Trade Field Office. Of counsel on the brief was Sheryl A. French, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs Service, New York, New York.

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


Rehearing Denied; Suggestion for Rehearing In Banc Declined September 20, 1999.

Opinion for the court filed by Circuit Judge LOURIE. Dissenting opinion filed by Circuit Judge NEWMAN.

LOURIE, Circuit Judge.

Baxter Healthcare appeals from the February 24, 1998 decision of the United States Court of International Trade denying its motion for summary judgment and granting the United States' cross-motion for summary judgment that the United States Customs...

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