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U.S. v. Desimone, No. 96-1023 (2nd Cir.) (140 F.3d 457) (April 13, 1998) (Judge Ralph K. Jr. Winter)

Case held that prior decision, issued by two judges after a third judge had passed away, was valid even though one remaining judge on the panel was not a member of the court, but was sitting by designation as a member of the Court of Intnl. Trade.

 

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