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OLYMPUS CORP. v. UNITED STATES

No. 733, Docket 85-6282.

792 F.2d 315 (1986)

OLYMPUS CORPORATION, Plaintiff-Appellant, v. UNITED STATES, et al., Defendants-Appellees, K Mart Corporation, Intervenor-Appellee, 47th Street Photo, Inc., Intervenor-Appellee.

United States Court of Appeals, Second Circuit.

Decided June 9, 1986.

Attorney(s) appearing for the Case

Max F. Schutzman, New York City (Whitman & Ransom, John M. Hadlock, New York City, of counsel), for plaintiff-appellant.

David M. Cohen, Washington, D.C. (Richard K. Willard, Asst. Atty. Gen., Velta A. Melnbrencis, Civ. Div., Dept. of Justice, Alfonso Robles, U.S. Customs Service, Washington, D.C., of counsel), for defendants-appellees.

Robert W. Steele, Washington, D.C. (Robert E. Hebda, Steele, Simmons & Fornaciari, Washington, D.C., James C. Tuttle, Asst. Gen. Counsel, K Mart Corporation, Troy, MI, of counsel), for intervenor-appellee K Mart Corp.

Nathan Lewin, Washington, D.C. (Jamie S. Gorelick, Rory K. Little, Miller, Cassidy, Larroca & Lewin, Washington, D.C., of counsel), for intervenor-appellee 47th Street Photo, Inc.

Before OAKES, WINTER and PRATT, Circuit Judges.

OAKES, Circuit Judge:

After extended but unsuccessful trade association efforts to secure change of United States Customs Service regulations permitting parallel importation of "gray market" goods, an American subsidiary of a foreign manufacturer of trademarked goods seeks declaratory and injunctive relief declaring those Customs regulations invalid. Such relief was also sought but denied by the Court of International Trade ("CIT") in Vivitar Corp. v. United States...

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