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YAMAHA CORP. OF AMERICA v. U.S.

Civ. A. No. 89-1431 (HHG).

745 F.Supp. 730 (1990)

YAMAHA CORPORATION OF AMERICA, Plaintiff, v. UNITED STATES of America, et al., Defendants.

United States District Court, D. Columbia.

January 11, 1990.

Attorney(s) appearing for the Case

Robert E. Wagner, Linda A. Kuczma, James J. Jagoda, Wallenstein, Wagner & Hattis, Ltd., Chicago, Ill., William T. Bullinger, Sheldon H. Klein, Cushman, Darby & Cushman, Washington, D.C. (David Lu, Corporate Legal Counsel, Yamaha Corp. of America, Buena Park, Cal., of counsel), for plaintiff.

Jay B. Stephens, U.S. Atty., John D. Bates and Daniel J. Standish, Asst. U.S. Attys., Washington, D.C. (Alfonso Robles, U.S. Customs Service, U.S. Dept. of Treasury, of counsel), for defendants.

MEMORANDUM AND ORDER

HAROLD H. GREENE, District Judge.

Before the Court is defendant's motion to dismiss this gray market goods case. The action seeks a declaratory judgment that Customs Regulation 133.21(c)(2) is invalid and that plaintiff is entitled to a genuine goods exclusion order from the Customs Service. For the reasons stated below, the Court grants the motion in part and denies it in part.

Background

Yamaha Corporation...

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