13 Ct. Int'l Trade 1079 728 F. Supp. 754

Guaina Corp. of America, plaintiff v. United States, defendant

Court No. 86-09-01110, etc.

(Dated December 28, 1989)

Errol Blank for plaintiff.

Stuart M. Gerson, Assistant Attorney General, Joseph I. Liebman, Attorney in Charge, International Trade Field Office, (John J. Mahon), Civil Division, United States Department of Justice for defendant.

Opinion

Restani, Judge:

These applications for fees are based on the same facts as are discussed in Bergen Hudson Roofing Co. v. United States, Slip Op. 89-176, December 28, 1989. The only distinguishing feature is that the underlying cases were filed in 1986 and 1988 so that none of them were ever suspended under V.G. Nahrgang Co. S/A Anthony Paglialungo v. United States, 6 CIT 85, reh. den., CIT 210 (1983). The records of the cases are even more sparse than the records in the Bergen Hudson cases. As with Bergen Hudson no active litigation occurred in these matters.

The record indicates the parties did not consider the law settled in this complicated area until Elbe Products Corp. v. United States, 846 F.2d 743 (Fed. Cir. 1988) was decided. The litigation was concluded by stipulated judgment a reasonable length of time thereafter.

The reader is referred to Bergen Hudson for a fuller explanation of the court’s decision. The application for fees under 28 U.S.C. § 2412(d) (1982 & Supp. V 1987) is denied.

Guaina Corp. of America v. United States
13 Ct. Int'l Trade 1079 728 F. Supp. 754

Case Details

Name
Guaina Corp. of America v. United States
Decision Date
Dec 28, 1989
Citations

13 Ct. Int'l Trade 1079

728 F. Supp. 754

Jurisdiction
United States

References

Referencing

Nothing yet... Still searching!

Referenced By

Nothing yet... Still searching!