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RED SUN FARMS v. UNITED STATES

2020-2230.

30 F.4th 1358 (2022)

RED SUN FARMS, Plaintiff-Appellant v. UNITED STATES, Florida Tomato Exchange, Defendants-Appellees.

United States Court of Appeals, Federal Circuit.

Decided: April 14, 2022.

Attorney(s) appearing for the Case

James P. Durling , Curtis, Mallet-Prevost, Colt & Mosle LLP, Washington, DC, argued for plaintiff-appellant. Also represented by James Beaty , Daniel L. Porter . Also argued by Devin S. Sikes , Akin Gump Strauss Hauer & Feld LLP, Washington, DC; Jeffrey M. Winton , Winton & Chapman, PLLC, Washington, DC.

Douglas Glenn Edelschick , Commercial Litigation Branch, Civil Division, United States Department of Justice, Washington, DC, argued for defendant-appellee United States. Also argued by Robert K. Kiepura . Also represented by Brian M. Boynton , Jeanne Davidson , Franklin E. White, Jr. ; Emma T. Hunter , Office of the Chief Counsel for Trade Enforcement & Compliance, United States Department of Commerce, Washington, DC.

Mary Jane Alves , Cassidy Levy Kent USA LLP, Washington, DC, argued for defendant-appellee Florida Tomato Exchange. Also represented by James R. Cannon, Jr. , Ulrika K. Swanson , Jonathan M. Zielinski .

Opinion dissenting-in-part and concurring-in-part filed by Circuit Judge Dyk.

This is one of several appeals argued together to this panel, all arising out of an antidumping duty investigation to determine whether fresh Mexican tomatoes were being imported into the United States and sold at less than fair value. The history of the proceedings is described in our two accompanying precedential opinions...

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