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ALMOND BROS. LUMBER CO. v. U.S.

No. 2010-1389.

651 F.3d 1343 (2011)

ALMOND BROS. LUMBER CO.; Bighorn Lumber Company; Blue Mountain Lumber Products, LLC; CF Industries, Inc. (Formerly Known as Clearwater Forest Industries); Collins Pine Company; Cody Lumber, Inc.; D.R. Johnson Lumber Co.; Empire Lumber Co., F.H. Stoltze Land & Lumber Company; Grayson Lumber Corp.; Hampton Resources, Inc.; Harwood Products Inc.; Hedstrom Lumber Company, Inc.; Herber, Lumber Co.; Idaho Veneer Company; Intermountain Resources, LLC; Mountain Valley Lumber Co., Inc.; Neiman Sawmills, Inc.; Northern Lights Timber & Lumber, Inc.; Ochoco Lumber Company; Pinecrest Lumber Co. (Division of Green Bay Packaging, Inc.); Precision Pine & Timber, Inc.; Rosboro, LLC, RSG Forest Products, Inc.; Rushmore Forest Products, Inc.; Sanders Wood Products, Inc.; Spanish Trail Lumber Co., LLC; Sundance Lumber Company, Inc.; Thrift Brothers Lumber Co., Inc.; Trinity River Lumber Company; Triple T Studs Co.; Viking Lumber Company, Inc.; Warm Springs Forest Products Industries; Western Cascade Industries LLC; Wrenn Brothers, Inc.; Wyoming Sawmills, Inc.; and Zip-O-Log Mills, Inc., Plaintiffs-Appellants, v. UNITED STATES and Ron Kirk, United States Trade Representative, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

June 28, 2011.

Attorney(s) appearing for the Case

Alan I. Saltman, Saltman & Stevens, P.C., of Washington, DC, argued for plaintiffs-appellants. With him on the brief were Alan F. Holmer,   Ruth G. Tiger and Aron C. Beezley.

David S. Silverbrand, Trial Attorney, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for defendants-appellees. With him on the brief were Tony West, Assistant Attorney General, Jeanne E. Davidson, Director, Franklin E. White, Jr., Assistant Director. Of counsel on the brief was J. Dainel Stirk, Associate General Counsel, Office of the United States Trade Representative, of Washington, DC.

Before NEWMAN, SCHALL, and LINN, Circuit Judges.

LINN, Circuit Judge.

This case involves a long-running dispute between the United States and Canada relating to the softwood lumber trade. Appellants, each a domestic producer of softwood lumber products, filed suit in the Court of International Trade ("CIT") challenging actions of the United States Trade Representative ("USTR") in connection with the 2006 Softwood Lumber Agreement ("2006 SLA") between the United States and Canada. Here, Appellants challenge the CIT...

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