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JAZZ PHOTO CORP. v. U.S.

Slip Op. 07-109, Court No. 04-00494.

502 F.Supp.2d 1277 (2007)

JAZZ PHOTO CORPORATION, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

July 16, 2007.

Attorney(s) appearing for the Case

Neville Peterson LLP (John M. Peterson, Curtis W. Knauss, George W. Thompson, Maria E. Celis and Catherine Chess Chen), for plaintiff.

Peter D. Keisler, Assistant Attorney General, Jeanne E. Davidson, Director, Patricia M. McCarthy, Assistant Director, Commercial Litigation Branch, Civil Division, United States Department of Justice (Stefan Shaibani and David S. Silverbrand); Beth Brotman and Paul Pizzeck, Customs and Border Protection, United States Department of Homeland Security, of counsel, for defendant.

Before: Judge Timothy C. Stanceu.

OPINION AND ORDER

STANCEU, Judge.

Before the court in the application of Jazz Photo Corporation ("Jazz" or "plaintiff') for attorneys' fees and other expenses under the Equal Access to Justice Act ("EAJA"), 28 U.S.C. § 2412(d) (2000). The court conditionally grants the application in part because the positions that the United States ("defendant") took before the United States Court of Appeals for...

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