Opinion
2012-1230
06-12-2014
STANDARD FURNITURE MANUFACTURING CO., INC., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee, AND INTERNATIONAL TRADE COMMISSION, Defendant-Appellee, AND AMERICAN FURNITURE MANUFACTURERS COMMITTEE FOR LEGAL TRADE, KINCAID FURNITURE CO., INC., L. & J.G. STICKLEY, INC., SANDBERG FURNITURE MANUFACTURING COMPANY, INC., STANLEY FURNITURE COMPANY, INC., T. COPELAND AND SONS, INC., AND VAUGHAN-BASSETT FURNITURE COMPANY INC., Defendants-Appellees.
NOTE: This order is nonprecedential.
Appeal from the United States Court of International Trade in consolidated No. 07-CV-0028, Judge Timothy C. Stanceu.
ON MOTION
Before NEWMAN, RADER, and CHEN, Circuit Judges. NEWMAN, Circuit Judge.
ORDER
American Furniture Manufacturers Committee for Legal Trade, and the United States and the International Trade Commission, move to summarily affirm the judgment of the United States Court of International Trade's decision in this case. Standard Furniture Manufacturing Co., Inc. opposes.
Summary affirmance is warranted "when the position of one party is so clearly correct as a matter of law that no substantial question regarding the outcome of the appeal exists." Joshua v. United States, 17 F.3d 378, 380 (Fed. Cir. 1994).
In its response, Standard Furniture does not dispute that this court's decision in Ashley Furniture Industries, Inc. v. United States, 734 F.3d 1306 (Fed. Cir. 2013) and Ethan Allen Global, Inc. v. United States, 2012-1200, 734 F.3d 1306, controls the outcome of the present appeal.
Accordingly,
IT IS ORDERED THAT:
(1) The motion to summarily affirm is granted.
(2) Each party shall bear its own costs.
(3) Standard Furniture's unopposed motion to supplement its opposition to the motions for summary affir- mance with a copy of the certiorari petition filed in Ashley Furniture is granted.
FOR THE COURT
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Daniel E. O'Toole
Clerk of Court
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