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GITTER v. GITTER

No. 03-9299.

396 F.3d 124 (2005)

Yossi GITTER, in the matter of Eden Moshe Gitter: infant under the age of 16, Petitioner-Appellant, v. Miriam GITTER, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided: January 5, 2005.

Attorney(s) appearing for the Case

Erick M. Sandler, Dewey Ballantine LLP, New York, NY, for Petitioner-Appellant Yossi Gitter.

Paul M. Gamble, New York, NY, for Respondent-Appellee Miriam Gitter.

Before: LEVAL and KATZMANN, Circuit Judges.

KATZMANN, Circuit Judge.

This is a case of first impression in which we must interpret the phrase "habitually resident" within the meaning of the Hague Convention on the Civil Aspects of International Child Abduction, Oct. 25.1980, T.I.A.S. No. 11,670, 1343 U.N.T.S. 89, reprinted in 51 Fed.Reg. 10,494 (Mar. 26, 1986) [hereinafter Hague Convention or Convention], implemented by the International Child Abduction Remedies Act (ICARA), 42 U.S.C. § 11601

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