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FORMER EMPLOYEES OF BARRY CALLEBAUT v. CHAO

No. 03-1113.

357 F.3d 1377 (2004)

FORMER EMPLOYEES OF BARRY CALLEBAUT, Plaintiff-Appellee, v. Elaine CHAO, Secretary of Labor, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

February 10, 2004.

Attorney(s) appearing for the Case

Suzanne I. Offerman, Coudert Brothers LLP, of New York, NY, argued for plaintiff-appellee. With her on the brief were Steven H. Becker and Paul A. Horowitz.

Patricia M. McCarthy, Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant. On the brief were David M. Cohen, Director; Franklin E. White, Jr., Assistant Director; and James L. Anderson, Trial Attorney.

Before LOURIE, Circuit Judge, PLAGER, Senior Circuit Judge, and CLEVENGER, Circuit Judge.

LOURIE, Circuit Judge.

The Secretary of Labor appeals from the decision of the United States Court of International Trade holding that the decision of the Department of Labor ("Labor") in Barry Callebaut USA, Incorporated, Van Leer Division, Jersey City, New Jersey, TA-W-37,000 and NAFTA-3402; Notice of Negative Determination on Remand (Dep't of Labor Mar. 4, 2002) ("Fourth Negative Determination"), regarding the eligibility of certain former employees...

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