ERWIN HYMER GROUP NORTH AMERICA, INC. v. U.S.

2018-1282.

930 F.3d 1370 (2019)

ERWIN HYMER GROUP NORTH AMERICA, INC., fka Roadtrek Motorhomes, Inc., Plaintiff-Appellant v. UNITED STATES, Defendant-Appellee

United States Court of Appeals, Federal Circuit.

Decided: July 22, 2019.


Attorney(s) appearing for the Case

John Michael Peterson , Neville Peterson LLP, New York, NY, argued for plaintiff-appellant. Also represented by Richard F. O'Neill .

Marcella Powell , International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, New York, NY, argued for defendant-appellee. Also represented by Amy Rubin ; Jeanne Davidson , Joseph H. Hunt , Washington, DC; Michael W. Heydrich , Office of the Assistant Chief Counsel, United States Bureau of Customs and Border Protection, United States Department of Homeland Security, New York, NY.

Before Dyk, Reyna, and Chen, Circuit Judges.


Erwin Hymer Group North America, Inc., appeals the final judgment of the United States Court of International Trade granting the Government's motion for judgment on the agency record. The Court of International Trade's assertion of residual jurisdiction under 28 U.S.C. § 1581(i) was improper because a civil action for...

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