Before the Second Division,
May 27, 1968
No. P68/247.
protests 59/18805 and 60/2193 (Houston).
No. P68/248.
protests 60/22068, etc. (Boston).
No. P68/249.
protest 60/26141 (New York).
No. P68/250.
protest 60/31347 (Tampa).
No. P68/251.
protest 61/9082 (Philadelphia).
W. R. Zanes & Company v. United States, Advance Brokers, Ltd., et al. v. United States, Margro Trading Corporation v. United States, Heidemann Industries, Inc. v. United States, Margro Trading Corp. v. United States,
[MAJORITY — Beckworti-i, J.]
Beckworti-i, J.
In accordance with stipulation of counsel that the merchandise covered by the foregoing protests consists of bicycles, with or without tires having wheels in diameter (measured to the outer circumference of the tire) over 25 inches, weighing less than 36 pounds complete without accessories, and not designed for use with tires having a cross-sectional diameter exceeding 1% inches and that the merchandise and issues herein are similar in all material respects to those the subject of United States v. Schmidt Pritchard & Co., Mangano Cycles Co. (47 CCPA 152, C.A.D. 750), the claim of the plaintiffs was sustained.