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SHAH BROS., INC. v. U.S.

Slip Op. 14-109. Court No. 10-00205.

9 F.Supp.3d 1402 (2014)

SHAH BROS., INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

September 18, 2014.

Attorney(s) appearing for the Case

Elon A. Pollack, and Kayla Owens, Stein Shostak Shostak Pollack & O'Hara, LLP, of Los Angeles, CA, for the Plaintiff.

Edward F. Kenny, Commercial Litigation Branch, Civil Division, U.S. Department of Justice, of New York, NY, for the Defendant. Also on the briefs were Stuart F. Delery, Assistant Attorney General, and Amy M. Rubin, Assistant Director, International Trade Field Office.

OPINION AND ORDER

POGUE, Senior Judge.

Plaintiff Shah Bros., Inc. ("Shah Bros.")—an importer of a smokeless tobacco product from India called "gutkha"— seeks an award of its attorney's fees, expenses, and costs in connection with this action, pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d) (2012) ("EAJA").1 As explained below, because Shah...

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