DIXON TICONDEROGA CO. v. U.S.

Nos. 06-1042, 06-1143.

468 F.3d 1353 (2006)

DIXON TICONDEROGA COMPANY, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant, and Musgrave Pencil Company, Rosemoon Pencil Company and General Pencil Company, Defendants-Appellants.

United States Court of Appeals, Federal Circuit.

November 6, 2006.


Attorney(s) appearing for the Case

Daniel E. Traver, Gray Robinson, PA, of Orlando, FL, argued for plaintiff-appellee. On the brief was Guy S. Haggard.

David S. Silverbrand, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendant-appellant United States. With him on the brief were Peter D. Keisler, Assistant Attorney General; David M. Cohen, Director; Jeanne E. Davidson, Deputy Director, of Washington, DC. Of counsel on the brief was Charles Steuart, Attorney, Office of Chief Counsel, United States Customs and Border Protection, of Washington, DC.

George W. Thompson, Neville Peterson LLP, of Washington, DC, argued for defendants-appellants Musgrave Pencil Company, et al. With him on the brief were Curtis W. Knauss and John M. Peterson, of New York, NY.

Before MICHEL, Chief Judge, ARCHER, Senior Circuit Judge, and LINN, Circuit Judge. ARCHER, Senior Circuit Judge.


ARCHER, Senior Circuit Judge.

The government and Musgrave Pencil Company, Rosemoon Pencil Company, and General Pencil Company ("the pencil companies") appeal the United States Court of International Trade's judgment granting Dixon Ticonderoga Company's ("Dixon") motion for judgment on the administrative record. Dixon Ticonderoga Co. v. United States Customs & Border Prot., 366 F.Supp.2d 1352 (Ct. Int'l Trade 2005...

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