AMOCO OIL CO. v. U.S.

No. 00-1122.

234 F.3d 1374 (2000)

AMOCO OIL COMPANY, Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

DECIDED December 14, 2000.


Attorney(s) appearing for the Case

Lawrence M. Friedman, Barnes, Richardson & Colburn, of Chicago, Illinois, argued for plaintiff-appellant. With him on the brief were Robert E. Burke, and Robert F. Seely.

Todd M. Hughes, Assistant Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were David W. Ogden, Assistant Attorney General, and David M. Cohen, Director. Of counsel on the brief was Richard McManus, Attorney, Office of the Chief Counsel, U.S. Customs Service, of Washington, DC. Of counsel were Lara Levinson, Attorney, and Jeanne E. Davidson, Deputy Director, Commercial Litigation Branch, of Washington, DC.

Robert B. Silverman, Grunfeld, Desiderio, Lebowitz & Silverman, LLP, of New York City, for amicus curiae. Of counsel was Michael T. Cone.

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


LOURIE, Circuit Judge.

Amoco Oil Company appeals from the decision of the United States Court of International Trade granting the government's motion to dismiss for failure to state a claim upon which relief can be granted. Amoco Oil Co. v. United States, 63 F.Supp.2d 1332 (Ct. Int'l Trade 1999). Because the Court of International Trade did not err in concluding that the unconstitutional export provision of the Harbor...

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