Opinion

Commodities Export Co., a Michigan Corporation v. U.S. Customs Service, an Agency of the U.S. Government

  • 957 F.2d 223
Court
Court of Appeals for the Sixth Circuit
Filed
Mar 30, 1992
Status
Published
Author
Nelson
On the bench
Merritt, Nelson, Celebrezze
Cited by
22 cases

giving preclusive effect to an earlier decision even when an appeal was still pending

How later courts described this case

  • giving preclusive effect to an earlier decision even when an appeal was still pending
  • “Congress invested the CIT with exclusive jurisdiction over a wide range of trade matters encompassing complex regulatory schemes in order to allocate power between the CIT and the district courts”
  • “[I]t is well-established that a final trial court judgment operates as res judi-cata while an appeal is pending.”

Written by the judges who cited it.

The opinion

DAVID A. NELSON, Circuit Judge,

concurring.

I concur in the judgment and in most of Chief Judge Merritt’s scholarly opinion. Unlike my colleagues, however, I am not prepared to say that the district court failed to accord Commodities an adequate opportunity to present its due process arguments.

The reason the district court’s due process decision ought to be vacated, in my view, is that we erred in directing the district court to decide the due process issues in the first place. As indicated in the separate opinion I filed when this case was last before us, 888 F.2d at 439-40, I have thought from the beginning that the case belonged in the Court of International Trade and not in the district court.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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