LIBAS, LTD. v. U.S.

No. 01-1451.

314 F.3d 1362 (2003)

LIBAS, LTD., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

January 7, 2003.


Attorney(s) appearing for the Case

Elon A. Pollack, Law Offices of Elon A. Pollack, of Los Angeles, CA, argued for plaintiff-appellant. Of counsel was Wayne Jarvis.

Bruce N. Stratvert, Attorney, International Trade Field Office, Department of Justice, of New York, NY, argued for defendant-appellee. With him on the brief were Robert D. McCallum, Jr., Assistant Attorney General; David M. Cohen, Director, Commercial Litigation Branch, Civil Division, Department of Justice, of Washington, DC; and John J. Mahon, Acting Attorney in Charge, International Trade Field Office. Of counsel on the brief was Edward N. Maurer, Attorney, Office of Assistant Chief Counsel, International Trade Litigation, United States Customs Service, of New York, NY.

Before MAYER, Chief Judge, MICHEL and GAJARSA, Circuit Judges.


GAJARSA, Circuit Judge.

Plaintiff-Appellant Libas, Ltd. ("Libas") appeals the denial of its petition for attorneys' fees and expenses under the Equal Access to Justice Act ("EAJA"). 28 U.S.C. § 2412 (2000). The Court of International Trade denied Libas' petition, which it filed in association with litigation concerning the United States Customs Service ("Customs") classification of fabric that Libas imports from India. Libas, Ltd. v. United States, No...

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