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JCM, LTD. v. U.S.

No. 99-1380.

210 F.3d 1357 (2000)

JCM, LTD., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

April 20, 2000

Attorney(s) appearing for the Case

Arnon D. Siegel, of Washington, DC, argued for plaintiff-appellant. On the brief was David J. Craven, Riggle and Craven, of Chicago, Illinois. Of counsel was David A. Riggle.

Glenn I. Chernigoff, Attorney, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. On the brief were David W. Ogden, Acting Assistant Attorney General; David M. Cohen, Director; and Erin E. Powell, Trial Attorney. Of counsel on the brief was Patrick V. Gallagher, Jr., Senior Attorney, Office of the Chief Counsel for Import Administration, U.S. Department of Commerce, of Washington, DC.

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

MAYER, Chief Judge.

JCM, LTD. appeals the judgment of the United States Court of International Trade, 98-05-02248 (March 1, 1999), granting the motion of the United States to dismiss for lack of subject matter jurisdiction. We affirm.

Background

On May 12, 1995, Borden Inc., Hershey Foods Corporation and Gooch Foods, Inc., filed a petition with Commerce and the International Trade Commission alleging...

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