Potter-roemer, Inc., Plaintiff-appellant, v. the United States and Badger-powhatan, Defendants-appellees, 878 F.2d 1445 (Fed. Cir. 1989)
Annotate this CaseBefore MARKEY, Chief Judge, RICH, Circuit Judge, and NICHOLS, Senior Circuit Judge.
MARKEY, Chief Judge.
DECISION
The judgment of the United States Court of International Trade, No 88-08-00690, dismissing Potter-Roemer, Inc.'s action is affirmed.
OPINION
Our review of the record and the parties' written and oral arguments convinces us that the court correctly found that Potter-Roemer, Inc. "had a fair opportunity to participate" because the notices ITA gave are "adequate." Consequently, as admitted by counsel, Potter-Roemer, Inc. lacked standing to challenge the ITA determination.* Cf. Miller & Co. v. United States, 824 F.2d 961, 962-63 (Fed. Cir. 1987), cert. denied, 108 S. Ct. 773 (1988). Though the trial court dismissed for lack of "jurisdiction", the proper basis is lack of standing on the part of Potter-Roemer, Inc.
In response to a question from the bench at oral argument, counsel for Potter-Roemer, Inc. answered: "If the notice is adequate we lack standing."
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