Shinyei Corp. v. United States

Court of International Trade

Shinyei Corp. v. United States

2004 CIT 26

CourtUnited States Court of International Trade

DecidedMarch 22, 2004

Docket00-00130

StatusPublished

This text of 2004 CIT 26 (Shinyei Corp. v. United States) is published on Counsel Stack Legal Research, covering United States Court of International Trade primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Shinyei Corp. v. United States, 2004 CIT 26 (cit 2004).

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Opinion

Slip Op. 04-26

UNITED STATES COURT OF INTERNATIONAL TRADE

BEFORE: SENIOR JUDGE NICHOLAS TSOUCALAS ___________________________________ : SHINYEI CORPORATION OF AMERICA, : : Plaintiff, : : v. : Court No. 00-00130 : UNITED STATES, et. al., : : Defendant. : ___________________________________:

ORDER

This matter comes before the Court pursuant to the decision of the Court of Appeals for the Federal Circuit (“CAFC”) in Shinyei Corp. of Am. v. United States, 355 F.3d 1297 (Fed. Cir. 2004), and the CAFC mandate of March 12, 2004, reversing and remanding the judgment of the Court in Shinyei Corp. of Am. v. United States, 27 CIT ___, ___, 248 F. Supp. 2d 1350.

The CAFC held that this Court erred in granting defendant’s motion to dismiss the action pursuant to USCIT R. 12(b)(1). Accordingly, it is hereby

ORDERED that plaintiff proceed with the merits of the case consistent with the CAFC’s opinion.

/s/ NICHOLAS TSOUCALAS NICHOLAS TSOUCALAS SENIOR JUDGE

Dated: March 22, 2004 New York, New York

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