RUBIE'S COSTUME COMPANY v. U.S.

No. 02-1373.

337 F.3d 1350 (2003)

RUBIE'S COSTUME COMPANY, Plaintiff-Appellee, v. UNITED STATES, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

August 1, 2003.


Attorney(s) appearing for the Case

V. James Adduci, II, Adduci, Mastriani & Schaumberg, LLP, of Washington, DC, argued for plaintiff-appellee. With him on the brief was David F. Nickel. Of counsel was Mark N. Bravin, Morgan, Lewis & Bockius LLP, of Washington, DC.

Saul Davis, Attorney, International Trade Field Office, Department of Justice, of New York, NY, argued for defendant-appellant. On the brief were Robert D. McCallum, Jr., Associate 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 Beth C. Brotman, Attorney, Office of Assistant Chief Counsel, United States Customs Service, of New York, NY.

Marjorie M. Shostak, Stein Shostak Shostak & O'Hara, of Los Angeles, CA, for amicus curiae Creative Designs International Ltd., Peachtree Playthings, What Kids Want, and the Toy Association of Southern California. With her on the brief were S. Richard Shostak, Bruce N. Shulman, and Heather C. Litman.

Mark N. Bravin, Morgan, Lewis & Bockius LLP, of Washington, DC, for amicus curiae the Paper Magic Group, Inc. and Fun World/Easter Unlimited, Inc. With him on the brief was Rachel B. Irish.

Before NEWMAN, BRYSON, and GAJARSA, Circuit Judges.


Opinion for the court filed by Circuit Judge GAJARSA; Dissenting opinion filed by Circuit Judge BRYSON.

GAJARSA, Circuit Judge.

The United States ("government") appeals the final decision of the United States Court of International Trade granting the motion for summary judgment to Rubie's Costume Company ("Rubie's") on the grounds that the classification of certain Halloween costumes by the United States Customs...

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