LTV STEEL CO., INC. v. U.S.

Nos. 97-1082, 97-1165.

174 F.3d 1359 (1999)

LTV STEEL CO., INC., AK Steel Corp., Bethlehem Steel Corporation, Inland Steel Industries, Inc., National Steel Corporation, and U.S. Steel Group-a Unit of USX Corporation, Plaintiffs-Appellees, and Geneva Steel, Gulf States Steel, Inc. of Alabama, Laclede Steel Company, Lukens Steel Company, Sharon Steel Corporation, and WCI Steel, Inc., Plaintiffs, v. UNITED STATES, Defendant/Cross-Appellant, v. Thyssen Stahl AG, Thyssen Detroit Steel Co., and Thyssen, Inc., Defendants, and AG Der Dillinger Huttenwerke, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

April 12, 1999.


Attorney(s) appearing for the Case

John A. Ragosta, Dewey Ballantine LLP, of Washington, DC, argued for plaintiffs-appellees. With him on the brief were John R. Magnus and Dominic L. Bianchi. Of counsel were Michael H. Stein, Guy Charles Smith, John R. Magnus, Michael R. Geroe, and Kristen M. Neller. Also of counsel on the brief were John J. Mangan and Stephen J. Narkin, Skadden, Arps, Slate, Meagher & Flom, of Washington, DC.

A. David Lafer, Senior Counsel, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant/cross-appellant. With him on the brief were David M. Cohen, Director, and Thomas A. Coulter, Trial Attorney. Of counsel on the brief were Stephen J. Powell, Chief Counsel; John D. McInerney and Elizabeth C. Seastrum, Senior Counsel; and Myles S. Getlan, Attorney-Advisor, Office of the Chief Counsel for Import Administration, Department of Commerce, of Washington, DC.

Pierre F. de Ravel d'Esclapon, LeBoeuf, Lamb, Greene & MacRae, L.L.P., of Washington, DC, argued for defendant-appellant. With him on the brief was William C. Sjoberg. Of counsel was Mary P. Michel.

J. Kevin Horgan, deKieffer & Horgan, of Washington, DC, for amicus curiae Saarstahl AG. With him on the brief was Marc E. Montalbine. Of counsel was Kara K. Pate.

Before MAYER, Chief Judge, SKELTON, Senior Circuit Judge, and PLAGER, Circuit Judge.


Opinion for the court filed by Chief Judge MAYER. Circuit Judge PLAGER concurs in the result.

MAYER, Chief Judge.

AG der Dillinger Huttenwerke ("Dillinger") and the United States appeal the judgment of the Court of International Trade, Court No. 93-09-00568, British Steel plc v. United States, 936 F.Supp. 1053 (Ct. Int'l Trade 1996) ("British Steel IV"), affirming...

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