BROTHER INTERN. CORP. v. U.S.

No. 06-1068.

464 F.3d 1319 (2006)

BROTHER INTERNATIONAL CORP., Plaintiff-Appellant, v. UNITED STATES, Defendant-Appellee.

United States Court of Appeals, Federal Circuit.

September 18, 2006.


Attorney(s) appearing for the Case

Sandra Liss Friedman, Barnes, Richardson & Colburn, of New York, New York, argued for plaintiff-appellant. With her on the brief was Helena Dorothy Sullivan.

Bruce N. Stratvert, Attorney, International Trade Field Office, Commercial Litigation Branch, Civil Division, United States Department of Justice, of New York, New York, argued for defendant-appellee. With him on the brief were Peter D. Keisler, Assistant Attorney General, and David M. Cohen, Director, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, and Barbara S. Williams, Attorney in Charge, International Trade Field Office, United States Department of Justice, of New York, New York. Of counsel on the brief was Yelena Slepak, Attorney, Office of Assistant Chief Counsel, United States Customs and Border Protection, of New York, New York.

Before NEWMAN, SCHALL, and DYK, Circuit Judges.


SCHALL, Circuit Judge.

Brother International Corp. ("Brother") appeals the decision of the United States Court of International Trade in Brother International Corp. v. United States, 368 F.Supp.2d 1345 (Ct. Int'l Trade 2005). In its decision, the Court of International Trade sustained the denial by the United States Customs Service, now organized as the United States Bureau of Customs and Border Protection ("Customs...

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