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BLUE SKY COLOR OF IMAGINATION v. UNITED STATES

Slip Op. 24-42 Court No. 21-00624.

698 F.Supp.3d 1243 (2024)

BLUE SKY the COLOR OF IMAGINATION, LLC, Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

April 10, 2024.

Attorney(s) appearing for the Case

Christopher J. Duncan and Elon A. Pollack, Stein Shostak Shostak Pollack & O'Hara, LLP, of Los Angeles, CA, argued for the plaintiff, Blue Sky the Color of Imagination, LLC.

Monica P. Triana, International Trade Field Office, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY argued for the defendant. With her on the brief were Brian M. Boynton, Principal Deputy Assistant Attorney General, Patricia M. McCarthy, Director, Justin R. Miller, Attorney-In-Charge, and Aimee Lee, Assistant Director. Of counsel on the brief was Fariha B. Kabir, Office of Assistant Chief Counsel, International Trade Litigation, U.S. Customs and Border Protection of New York, NY.

OPINION

Before the court are cross-motions for summary judgment. Pl.'s Mot. for Summ. J., ECF No. 20 (Aug. 23, 2023) ("Blue Sky MSJ"); Def.'s Mem. in Supp. of Cross-Mot. for Summ. J. and Opp'n to Pl.'s Mot. for Summ. J., ECF No. 25 (Nov. 17, 2023) ("Gov. MSJ"). Plaintiff Blue Sky the Color of Imagination...

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