From Casetext: Smarter Legal Research

Lowa, Ltd. v. United States

United States Court of Appeals, Federal Circuit
Jan 4, 1984
724 F.2d 121 (Fed. Cir. 1984)

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. Robison

Opinion

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.


Summaries of

Lowa, Ltd. v. United States

United States Court of Appeals, Federal Circuit
Jan 4, 1984
724 F.2d 121 (Fed. Cir. 1984)

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. Robison
Case details for

Lowa, Ltd. v. United States

Case Details

Full title:LOWA, LTD., APPELLANT, v. THE UNITED STATES, APPELLEE

Court:United States Court of Appeals, Federal Circuit

Date published: Jan 4, 1984

Citations

724 F.2d 121 (Fed. Cir. 1984)

Citing Cases

Detroit Zoological Soc. v. United States

As such, it may only be invoked when other available avenues of jurisdiction are "manifestly inadequate or…

Ammex, Inc. v. U.S.

The government bases this argument in part on the Court's decision in Lowa, Ltd. v. United States, which…