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AGRO DUTCH INDUSTRIES LTD. v. U.S.

No. 2009-1127.

589 F.3d 1187 (2009)

AGRO DUTCH INDUSTRIES LIMITED, Plaintiff, v. UNITED STATES, Defendant-Appellant, and Coalition for Fair Preserved Mushroom Trade, Defendant.

United States Court of Appeals, Federal Circuit.

December 15, 2009.

Attorney(s) appearing for the Case

Richard P. Schroeder, 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 Michael F. Hertz, Acting Assistant Attorney General, Jeanne E. Davidson, Director, and Patricia M. McCarthy, Assistant Director.

Before RADER, BRYSON, and LINN, Circuit Judges.

BRYSON, Circuit Judge.

The government appeals from a decision of the Court of International Trade ordering the reliquidation of certain imported entries by plaintiff Agro Dutch Industries, Ltd. At issue is whether liquidation of the entries by Customs and Border Protection after the court issued an injunction against liquidation but before the injunction took effect rendered the case moot. The trial court held that the case was not moot, and we affirm.

I...

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