Legal Opinion
The United States v. Roses Incorporated
Court of Appeals for the Federal Circuit
Decided April 25, 1983No. Appeal 82-27PublishedCited by 46 opinions
1Opinion of the Court
NICHOLS, Circuit Judge.
This is an appeal by the United States from an order of the Court of International Trade (CIT) requiring the Department of Commerce to initiate an antidumping investigation, despite its prior refusal to do so. We agree with the CIT that the administrative proceedings are tainted by serious illegality, but disagree as to the remedy selected. We remand to the CIT for further proceedings in conformity with this opinion, 538 F.Supp. 418.
I — History of the case
Roses Incorporated is a trade association of domestic rose growers and is accepted as having standing to petition,…
2Cases cited5 opinions
- Citizens to Preserve Overton Park, Inc. v. VolpeSupreme Court of the United States · 1971
- Securities & Exchange Commission v. Chenery Corp.Supreme Court of the United States · 1943
- United States v. Chemical Foundation, Inc.Supreme Court of the United States · 1926
- Kalvar Corp. v. United StatesUnited States Court of Claims · 1976
- Roses Inc. v. United StatesUnited States Court of International Trade · 1982
3Cited by46 opinions
- American Lamb Company v. The United States, and New Zealand Meat Products Board, IntervenorsCourt of Appeals for the Federal Circuit · 1986
- Citrosuco Paulista, S.A. v. United StatesUnited States Court of International Trade · 1988
- Ashley v. DerwinskiUnited States Court of Appeals for Veterans Claims · 1992
- St. Paul Fire & Marine Insurance Co. (Surety for Carreon, Inc.) v. United StatesCourt of Appeals for the Federal Circuit · 1993
- Tommie P. Butler, Claimant-Appellant v. Anthony J. Principi, Secretary of Veterans AffairsCourt of Appeals for the Federal Circuit · 2001
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