Fish Distributors Cooperative Ass'n v. United States

U.S. Customs Court

Fish Distributors Cooperative Ass'n v. United States

22 Cust. Ct. 246, 1949 Cust. Ct. LEXIS 1350

CourtUnited States Customs Court

DecidedFebruary 18, 1949

DocketNo. 52888; protest 132451-K (Cleveland)

StatusPublished

This text of 22 Cust. Ct. 246 (Fish Distributors Cooperative Ass'n v. United States) is published on Counsel Stack Legal Research, covering United States Customs Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Fish Distributors Cooperative Ass'n v. United States, 22 Cust. Ct. 246, 1949 Cust. Ct. LEXIS 1350 (cusc 1949).

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Opinion

[247]*247Opinion by

Johnson, J.

An examination of the testimony showed that the plaintiff failed to produce evidence to establish that at the time of the importation the fish did not weigh as much as the weigher reported. Inasmuch as the landed net weights returned by the United States weigher and adopted by the collector as a basis for his assessment of duty were not established to be erroneous, or to represent weights other than the actual weights, the protest was overruled. Downing & Co. v. United States (11 Ct. Cust. Appls. 310, T. D. 39128) cited.

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[247]*247Opinion by

Johnson, J.

An examination of the testimony showed that the plaintiff failed to produce evidence to establish that at the time of the importation the fish did not weigh as much as the weigher reported. Inasmuch as the landed net weights returned by the United States weigher and adopted by the collector as a basis for his assessment of duty were not established to be erroneous, or to represent weights other than the actual weights, the protest was overruled. Downing & Co. v. United States (11 Ct. Cust. Appls. 310, T. D. 39128) cited.

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22 Cust. Ct. 246, 1949 Cust. Ct. LEXIS 1350, Counsel Stack Legal Research, https://law.counselstack.com/opinion/fish-distributors-cooperative-assn-v-united-states-cusc-1949.

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