HEARTLAND BY-PRODUCTS, INC. v. U.S.

No. C4-1515.

424 F.3d 1244 (2005)

HEARTLAND BY-PRODUCTS, INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 26, 2005.


Attorney(s) appearing for the Case

Stanley McDermott III, DLA Piper Rudnick Gray Cary U.S. LLP, of New York, New York, argued for plaintiff-appellant. With him on the brief were Daniel J. Gluck and Jerome L. Hanifin, Serko & Simon, of New York, New York.

Aimee Lee, Attorney, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, New York, argued for defendant-appellee. With her on the brief were Peter D. Keisler, Assistant Attorney General, David M. Cohen, Director, of Washington, DC, and Barbara S. Williams, Attorney in Charge, International Trade Field Office, of New York, New York. Of counsel on the brief were Karen P. Binder, Assistant Chief Counsel, International Trade Litigation, United States Customs and Border Protection, of New York, New York, Yelena Slepak, Attorney, and Allan Martin, Associate Chief Counsel, of Washington, DC; and Ellen Daly, Attorney, Office of Chief Counsel, of Washington, DC.

Before MICHEL, Chief Judge, SCHALL and PROST, Circuit Judges.


MICHEL, Chief Judge.

Heartland By-Products, Inc. ("Heartland") appeals the order of the United States Court of International Trade dismissing its May 2003 complaint for lack of subject matter jurisdiction. Heartland By-Prods., Inc. v. United States, 341 F.Supp.2d 1284 (Ct. Int'l Trade 2004). This appeal was submitted for decision following oral argument on August 2, 2005. Because we hold that the Court of International...

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