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U.S. v. INN FOODS, INC.

No. 04-1035.

383 F.3d 1319 (2004)

UNITED STATES, Plaintiff-Appellant, v. INN FOODS, INC., Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 13, 2004.

Attorney(s) appearing for the Case

Michael S. Dufault, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for plaintiff-appellant. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Patricia M. McCarthy, Assistant Director.

Robert Scott Whiteley, Horton, Whiteley & Cooper, of Oakland, California, argued for defendant-appellee. With him on the brief was Craig A. Mitchell, of Newport Beach, California.

Before NEWMAN, RADER, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

The government appeals the decision of the Court of International Trade dismissing the government's complaint against Inn Foods, Inc., as time-barred. United States v. Inn Foods, Inc., 264 F.Supp.2d 1333 (Ct. Int'l Trade 2003); United States v. Inn Foods, Inc., 276 F.Supp.2d 1359 (Ct. Int'l Trade 2003) (denying motion for reconsideration). Because...

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