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BLINK DESIGN, INC. v. U.S.

Slip Op. 14-56. Court No. 14-00032.

986 F.Supp.2d 1348 (2014)

BLINK DESIGN, INC., Plaintiff, v. UNITED STATES, Defendant.

United States Court of International Trade.

May 21, 2014.

Attorney(s) appearing for the Case

John M. Peterson, Richard F. O'Neill, and Elyssa R. Emsellem, Neville Peterson, LLP, of New York, NY, for Plaintiff.

Jason M. Kenner and Alexander J. Vanderweide, Commercial Litigation Branch — Civil Division, U.S. Department of Justice, of New York, NY, for Defendant. With them on the brief were Stuart F. Delery, Assistant Attorney General, and Amy M. Rubin, Acting Assistant Director. Of counsel on the brief was Paula Smith, Office of the Assistant Chief Counsel, United States Customs and Border Protection of New York, NY.

OPINION & ORDER

BARNETT, Judge:

Defendant, United States, moves to dismiss this case, pursuant to USCIT Rule 12(b)(1) for lack of subject matter jurisdiction or, in the alternative, pursuant to USCIT Rule 12(b)(5) for failure to state a claim upon which relief can be granted. (See generally Def.'s Mem. Supp. Mot. Dismiss ("Def.'s Mot.").) Plaintiff, Blink Design, Inc. ("Blink"), opposes the motion. (See generally Mem. P. & A...

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