General
Albert Dickinson Company v. United States
38 Cust. Ct. 543·United States Customs Court·1957
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Opinion
No. 60877.
Albert Dickinson Company v. United States,
protest 28623A-K (A) (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 plaintiff 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.”