General
Stanford Seed Co. and National Carloading Corp. v. United States
38 Cust. Ct. 548·United States Customs Court·1957
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Opinion
No. 60901.
Stanford Seed Co. and National Carloading Corp. v. United States,
protest 289380-K (New York).
[MAJORITY — Richardson, J.]
Opinion by
Richardson, J.
In accordance with stipulation of counsel that the merchandise consists of bird’s-foot trefoil seed similar in all material respects to that the subject of Transcontinental Seed, Inc. (Alltransport, Incorporated) v United States (29 Cust. Ct. 163, C. D. 1462), the claim of the plaintiffs was sustained.
[DISSENT — Donlon, J.,]
Donlon, J.,
dissented, holding: “As I indicated in Albert Dickinson Co. v. United States, 35 Cust. Ct. 359, Abstract 59603, I do not concur in the decision in Transcontinental Seed, Inc. v. United States, 29 Cust. Ct. 163, C. D. 1462, the record of which has been incorporated in the record of this case. In my opinion, the protest should be overruled.”