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DUTY FREE INTERN., INC. v. U.S.

No. 95-1443.

88 F.3d 1046 (1996)

DUTY FREE INTERNATIONAL, INC., Ammex Warehouse Company, Inc., and Ammex Tax & Duty Free Shops, Inc., Plaintiffs-Appellants, v. The UNITED STATES, Defendant-Appellee, and Git-N-Go, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

July 9, 1996.

Attorney(s) appearing for the Case

Laurence M. Friedman and Brian S. Goldstein, Tompkins & Davidson, New York City, argued for plaintiffs-appellants. With them on the brief was Harvey A. Isaacs.

Susan Burnett Mansfield, Civil Division, Department of Justice, International Trade Field Office, New York City, argued for defendant-appellee United States. With her on the brief were Frank W. Hunger, Assistant Attorney General, and David M. Cohen, Director, Washington, D.C., and Joseph I. Liebman, Attorney in Charge, International Trade Field Office. Of counsel was Christopher Doherty, Assistant Chief Counsel, U.S. Customs Service, Boston, Massachusetts.

Martin J. Ward, Leahy & Ward, Boston, Massachusetts, argued for defendant-appellee Git-N-Go.

Before PLAGER, LOURIE, and BRYSON, Circuit Judges.

BRYSON, Circuit Judge.

The appellants, which we refer to collectively as "Duty Free," operate a duty-free store in upstate New York near the Canadian border. They are prosecuting this action in an effort to prevent a competing duty-free store from operating in the same area. The Customs Service decided that the second duty-free store, run by appellee Git-N-Go (GNG), was operating consistently with the governing statutes and regulations, and the Court of International...

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