United States Federal Circuit

Because res judicata does not preclude the United States Customs Service from revoking its approval of the sale of gasoline and diesel fuel on a duty- and tax-free basis, plaintiff's motion to hold the Customs Service in contempt is denied.

Appellate Information

• Decided 07/01/2003
• Published 07/01/2003

Judges

• GAJARSA, Circuit Judge., Before MAYER, Chief Judge, NEWMAN, and GAJARSA, Circuit Judges.

Court

• United States Federal Circuit

Counsel

• For Appellant:
  
• Craig L. John, Dykema Gossett PLLC, of Bloomfield Hills, MI, argued for plaintiff-appellant.   On the brief were Herbert C. Shelley, J. William Koegel, Jr., Alice A. Kipel, and Troy H. Cribb.


• For Appellees:
  
• Amy M. Rubin, Attorney, Civil Division, Commercial Litigation Branch, International Trade Field Office, Department of Justice, of New York, NY, argued for defendant-appellee.   With her on the brief were Robert D. McCallum, Jr., Assistant Attorney General;  David M. Cohen, Director, Civil Division, Commercial Litigation Branch, Department of Justice, of Washington, DC;  and John J. Mahon, Acting Attorney in Charge, International Trade Field Office.   Of counsel was Beth C. Brotman, Attorney, Office of Assistant Chief Counsel, United States Customs Service, New York, NY.