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

No. 2012-1393.

721 F.3d 1320 (2013)

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., 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, and Herbert Lumber Co., Plaintiff, v. UNITED STATES and Ron Kirk, United States Trade Representative, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

July 1, 2013.

Attorney(s) appearing for the Case

Alan I. Saltman , Smith, Currie & Hancock, LLP, of Washington, DC, argued for plaintiffs-appellants. With him on the brief was Alan F. Holmer .

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 Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director.

Before MOORE, LINN, and REYNA, Circuit Judges.

REYNA, Circuit Judge.

Plaintiffs (collectively, "Almond") are domestic producers of softwood lumber products. Almond initiated this action in the Court of International Trade ("Trade Court"), alleging that United States Trade Representative ("USTR") exceeded its authority by agreeing to certain terms in the Softwood Lumber Agreement it entered into with Canada in 2006. The Trade Court dismissed counts 2, 3, and 4 of the complaint for failure to state a claim and,...

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