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GLYCINE & MORE, INC. v. U.S.

2017-1312.

880 F.3d 1335 (2018)

GLYCINE & MORE, INC., Plaintiff-Appellee v. UNITED STATES, Defendant. GEO Specialty Chemicals, Inc., Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

Decided: January 23, 2018.

Attorney(s) appearing for the Case

RONALD MARK WISLA , Kutak Rock LLP, Washington, DC, argued for plaintiff-appellee. Also represented by LIZBETH ROBIN LEVINSON .

DAVID M. SCHWARTZ , Thompson Hine LLP, Washington, DC, argued for defendant-appellant.

Before Moore, Plager, and Chen, Circuit Judges.

This case turns on an important principle in administrative law, involving a basic tenet of the Administrative Procedure Act (hereafter "APA"), to which the defendant agency, the Department of Commerce, is subject. See generally 5 U.S.C. §§ 551 et seq. The question presented is — can an agency...

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