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KINIK CO. v. INTERNATIONAL TRADE COM'N.

No. 02-1550.

362 F.3d 1359 (2004)

KINIK COMPANY, Appellant, v. INTERNATIONAL TRADE COMMISSION, Appellee, and Minnesota Mining and Manufacturing Company and Ultimate Abrasive Systems, L.L.C., Intervenors.

United States Court of Appeals, Federal Circuit.

Rehearing and Rehearing Denied May 13, 2004.

Attorney(s) appearing for the Case

Anthony C. Roth, Morgan, Lewis & Bockius LLP, of Washington, DC, argued for appellant. With him on the brief were Peter Buscemi and Robert J. Hollingshead.

Michael K. Haldenstein, Attorney, Office of General Counsel, United States International Trade Commission, of Washington, DC, argued for appellee. With him on the brief were Lyn M. Schlitt, General Counsel; and James M. Lyons, Deputy General Counsel.

Ralph A. Mittelberger, Heller, Ehrman, White & McAuliffe LLP, of Washington, DC, argued for intervenors. Of counsel on the brief were Kevin H. Rhodes and Daniel R. Pastirik, 3M Innovative Properties Company, of St. Paul, MN.

Before NEWMAN, BRYSON, and LINN, Circuit Judges.

Rehearing and Rehearing En Banc Denied May 13, 2004.*

PAULINE NEWMAN, Circuit Judge.

This exclusion action was initiated on the complaint of Minnesota Mining and Manufacturing Company and Ultimate Abrasive Systems L.L.C. (collectively "3M") under 19 U.S.C. § 1337(a)(1)(B)(ii), formerly § 1337(a) of the Tariff Act of 1930 as amended (variously called § 337(a)). The International Trade Commission found that the process...

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