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SWANK, INC. v. CARNES

No. 88-5390.

856 F.2d 1481 (1988)

SWANK, INC., Plaintiff-Appellee, v. Harry CARNES, District Director, United States Custom Service, Defendant-Appellant.

United States Court of Appeals, Eleventh Circuit.

October 3, 1988.

Attorney(s) appearing for the Case

Dexter W. Lehtinen, U.S. Atty., Miami, Fla., Leonard Schaitman, Appellate Staff, Civil Div., U.S. Dept. of Justice, Robert K. Rasmussen, Washington, D.C., for defendant-appellant.

Julian S. Greenspun, Stroock & Stroock & Lavan, Washington, D.C., Fine, Jacobson, Schwartz, Nash, Block & England, Theodore J. Klein, Miami, Fla., for plaintiff-appellee.

Gilbert Lee Sandler, Sandler & Travis, P.A., Joanne Sargent, Miami, Fla., Stephen Kurzman, Nixon, Hargrave, Devans & Doyle, Washington, D.C., for amicus curaie American Free Trade Ass'n.

Before TJOFLAT, VANCE and COX, Circuit Judge.

PER CURIAM:

The United States Customs Service appeals a judgment by the district court ordering it to disclose certain documents to appellee.1 Because the complaint filed by appellee does not state a claim against the Customs Service, we vacate the district court's order and remand with instructions to dismiss.

I.

Swank, Inc., a Delaware corporation, has a licensing agreement with Den Konglige Porcelains Fabrik a/s, d...

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