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U.S. v. TREK LEATHER, INC.

No. 2011-1527.

724 F.3d 1330 (2013)

UNITED STATES, Plaintiff-Appellee, v. TREK LEATHER, INC., Defendant, and Harish Shadadpuri, Defendant-Appellant.

United States Court of Appeals, Federal Circuit.

July 30, 2013.

Attorney(s) appearing for the Case

Stephen C. Tosini , Senior Trial Counsel, Commercial Litigation Branch, Civil Division, United States Department of Justice, of Washington, DC, argued for plaintiff-appellee. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Jeanne E. Davidson , Director, and Franklin E. White, Jr. , Assistant Director. Of counsel was Scott A. MacGriff , Trial Attorney.

John J. Galvin , Galvin & Mlawski, of New York, NY, argued for defendant-appellant.

Dissenting opinion filed by Circuit Judge DYK.

O'MALLEY, Circuit Judge.

Mr. Harish Shadadpuri ("Shadadpuri") appeals the decision of the United States Court of International Trade granting in part the United States' ("the government") motion for summary judgment, finding Shadadpuri liable for gross negligence in connection with the entry of imported merchandise into the United States and imposing penalties under 19 U.S.C. § 1592(c)(2) for that conduct. Shadadpuri contends that corporate officers of an "importer...

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