MAGNESIUM CORP. OF AMERICA v. U.S.

No. 97-1255.

166 F.3d 1364 (1999)

MAGNESIUM CORPORATION OF AMERICA, The International Union of Operating Engineers, Local 564, and United Steelworkers of America, Local 8319, Plaintiffs-Appellants, v. UNITED STATES, Defendant-Appellee, and JSC Avisma Titanium-Magnesium Works, Solikamsk Magnesium Works, Razno Alloys, Interlink Metals, Inc., and Interlink Metals and Chemicals, S.A., Defendants-Appellees, and Gerald Metals, Inc., Greenwich Metals, Inc., and Hochschild Partners, Defendants-Appellees, and AIOC Corporation and Hunter Douglas Metals, Defendants.

United States Court of Appeals, Federal Circuit.

January 22, 1999.


Attorney(s) appearing for the Case

William D. Kramer, Baker & Botts, L.L.P., Washington, DC, argued for plaintiffs-appellants. With him on the brief were Clifford E. Stevens, Jr. and Charles M. Darling, IV.

G. Michael Harvey, Attorney, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, Washington, DC, argued for defendant-appellee, United States. On the brief were Frank W. Hunger, Assistant Attorney General, David M. Cohen, Director, Jeffrey M. Telep, Attorney. Of counsel on the brief were Stephen J. Powell, Chief Counsel, Berniece Browne, Senior Counsel, and Robert J. Heilferty, Attorney, Office of the General Counsel, U.S. Department of Commerce, Washington, DC. Of counsel.

John D. Greenwald, Wilmer, Cutler & Pickering, Washington, DC, argued for defendants-appellees, JSC AVISMA Titanium-Magnesium Works, et al. With him on the brief was Leonard M. Shambon. Of counsel was Stuart M. Weiser.

Kimberly R. Young, Holland & Knight, LLP, Washington, DC, for defendants-appellees, Gerald Metals, Inc., et al. With her on the brief was Frederick P. Waite.

Before PLAGER, SCHALL, and GAJARSA, Circuit Judges.


GAJARSA, Circuit Judge.

Magnesium Corporation of America, the International Union of Operating Engineers, Local 564, and the United Steelworkers of America, Local 8319, (collectively "MagCorp") challenge the determination of the Department of Commerce that magnesium from the Russian Federation was not being sold at less than fair market value in the United States. See Notice of Final Determinations of Sales at Less Than Fair Value: Pure Magnesium and Alloy Magnesium...

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