709 F.Supp. 226 (CIT. 1989), 83-10-01552, Seattle Marine Fishing Supply Co. v. United States

Docket Nº:Court No. 83-10-01552.
Citation:709 F.Supp. 226
Party Name:SEATTLE MARINE FISHING SUPPLY CO., Nordby Supply Co., Redden Net Co., Fisheries Supply Co., Lummi Fisheries Supply Co., Nets, Inc., Tacoma Marine Supply, Astoria Marine Supply, and Englund Marine Supply, Plaintiffs, v. The UNITED STATES, Defendant.
Case Date:March 22, 1989
Court:Court of International Trade
 
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Page 226

709 F.Supp. 226 (CIT. 1989)

SEATTLE MARINE FISHING SUPPLY CO., Nordby Supply Co., Redden Net Co., Fisheries Supply Co., Lummi Fisheries Supply Co., Nets, Inc., Tacoma Marine Supply, Astoria Marine Supply, and Englund Marine Supply, Plaintiffs,

v.

The UNITED STATES, Defendant.

Court No. 83-10-01552.

United States Court of International Trade.

March 22, 1989

Law Offices of George R. Tuttle, P.C., George R. Tuttle, Washington, D.C., for plaintiffs.

John R. Bolton, Asst. Atty. Gen., David M. Cohen, Director, Commercial Litigation Branch, Elizabeth C. Seastrum, Washington, D.C., for defendant.

MEMORANDUM OPINION

RE, Chief Judge:

Pursuant to the provisions of 28 U.S.C. § 255(a) (1982), and Rule 77(e)(2) of the Rules of the United States Court of International Trade, plaintiffs move before the chief judge for the reassignment of this action, presently assigned to a single judge, to a three-judge panel. Plaintiffs also move for oral argument of this motion under Rule 7(c).

The question presented is whether, pursuant to the authority conferred by statute, the chief judge may reassign this case to a three-judge panel after the judge to whom the case was assigned has rendered a final decision and the plaintiffs have filed an appeal with the appellate court. Since this case is now properly before the Court of Appeals for the Federal Circuit, plaintiffs' motions are denied.

Plaintiffs, United States importers of fish netting, challenged a final determination by the International Trade Administration (ITA), 48 Fed.Reg. 43210 (1983), following the ITA's administrative review of certain dumping findings of fish netting of manmade fibers from Japan, 37 Fed.Reg. 11560 (1972). Pursuant to Rule 56.1, plaintiffs sought judicial review of the ITA's final determination on the grounds that it was arbitrary, capricious, an abuse of discretion, unsupported by substantial evidence on the record, or otherwise not in accordance with law.

Pursuant to 28 U.S.C. § 253(c) this action was assigned to a single judge of this court. On January 26, 1988, the assigned judge sustained the ITA's determination, and dismissed plaintiffs' motion for judgment on the agency record. See Seattle Marine Fishing Supply Co. v. United States, 12 CIT 60, 679 F.Supp. 1119, 1121 (1988).

Page 227

On February 25, 1988 plaintiffs filed a motion for rehearing of this court's decision of January 26, 1988, which was subsequently denied by the assigned judge. On May 31, 1988, plaintiffs moved to vacate and reconsider the court's decision, and for oral argument. While that motion was pending, on June 27, 1988, plaintiffs filed an appeal to the Court of Appeals for the Federal Circuit (CAFC) from the court's denial of their motion for rehearing of the court's original decision and judgment. On July 12, 1988, this court suspended plaintiffs' motion...

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