Summary
noting that "when a jurisdictional issue is raised, `the burden rests on plaintiff to prove that jurisdiction exists.'"
Summary of this case from Pentax Corporation v. RobisonOpinion
Appeal No. 83-1018.
January 4, 1984.
Andrew P. Vance, New York City, submitted for appellant. With him on brief were Leonard Lehman, John J. Galvin, New York City, John E. Corette, III, and Daniel Webster, Washington, D.C., of counsel.
J. Paul McGrath, Asst. Atty. Gen., David M. Cohen, Director, Joseph I. Liebman, Attorney in Charge International Trade Field Office, Washington, D.C., and Barbara M. Epstein, New York City, submitted for appellee.
Appealed from United States Court of International Trade; Re, Chief Judge.
Before MARKEY, Chief Judge, BENNETT, Circuit Judge and COWEN, Senior Circuit Judge.
Appeal from a judgment of the United States Court of International Trade (CIT) dismissing for lack of jurisdiction. We affirm.
OPINION
The judgment appealed from is affirmed on the basis of the opinion filed by the CIT. Lowa, Ltd. v. United States, 561 F. Supp. 441 (C.I.T. 1983).
AFFIRMED.