Unpublished Disposition, 933 F.2d 1015 (9th Cir. 1991)

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US Court of Appeals for the Ninth Circuit - 933 F.2d 1015 (9th Cir. 1991)

SAMIL TRADING COMPANY, INC., Plaintiff-Appellant,v.Ernest E. GUSTAFSON, District Director, et al., Defendant-Appellee.

No. 89-55613.

United States Court of Appeals, Ninth Circuit.

Argued and Submitted April 2, 1991.Decided May 14, 1991.

Before BOOCHEVER, KOZINSKI and O'SCANNLAIN, Circuit Judges.


ORDER

On April 2, 1991, we deferred submission for seven days to allow the United States Attorney an opportunity to consider whether to concede error. The government, however, has failed to concede that it was wrong. Instead, it filed a statement on April 9, 1991, in which it grudgingly consented to a remand. We do not understand the government's refusal to confess such an obvious error.

The complaint was filed on June 24, 1988. The administrative record was certified on September 16, 1988. The AAU's decision of February 21, 1989, whatever else it may be, is not part of the record in this case. The action is therefore reversed and remanded for further proceedings based on the certified administrative record and the AAU decision that is properly before the district court.

The government shall reimburse appellant for the costs and fees incurred in this appeal. See 28 U.S.C. § 2412(b) (1988). This case is resubmitted for decision as of the date of this order.

REVERSED and REMANDED.