GILDA INDUSTRIES, INC., Plaintiff-Appellant,
v.
UNITED STATES, Defendant-Appellee.
United States Court of Appeals, Federal Circuit.https://leagle.com/images/logo.png
July 6, 2006.
July 6, 2006.
Attorney(s) appearing for the Case
Peter S. Herrick, of Miami, Florida, argued for plaintiff-appellant.
David S. Silverbrand, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; and Jeanne E. Davidson, Deputy Director. Of counsel was William Busis, Attorney, Office of General Counsel, Executive Office of The President, Office of the United States Trade Representative.
Before NEWMAN, BRYSON, and PROST, Circuit Judges.
United States Court of Appeals, Federal Circuit.
ON PETITION FOR REHEARING
BRYSON, Circuit Judge.
The government has filed a petition for rehearing in this case, seeking clarification of our opinion, reported at 446 F.3d 1271. In our opinion, we ruled that "the evidence of record falls short of establishing that the Trade Representative has determined that resolution of the hormone beef dispute is imminent." Such a determination is a prerequisite for the statutory exception...
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