Keveney v. Magone

U.S. Circuit Court for the District of Southern New York

Keveney v. Magone

42 F. 491, 1890 U.S. App. LEXIS 2193

U.S. Circuit Court for the District of Southern New York·Decided April 22, 1890·Published

Opinion

Lacombe, Circuit Judge,

(orally.) I am unable to concur in the views of the plaintiffs’ counsel as to the phraseology “cork bark, manufactured.” I think there must be some intention of congress to discriminate and differentiate between the expression “manufactures of cork,” and the phrase [493] “cork bark, manufactured.” Therefore, on the testimony of this case as it stands, touching the manufacture of this article, I am unable to accede to the proposition that it is covered by the 422d paragraph of the tariff act, and I shall therefore direct a verdict for the defendant.

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Lacombe, Circuit Judge,

(orally.) I am unable to concur in the views of the plaintiffs’ counsel as to the phraseology “cork bark, manufactured.” I think there must be some intention of congress to discriminate and differentiate between the expression “manufactures of cork,” and the phrase [493] “cork bark, manufactured.” Therefore, on the testimony of this case as it stands, touching the manufacture of this article, I am unable to accede to the proposition that it is covered by the 422d paragraph of the tariff act, and I shall therefore direct a verdict for the defendant.

Keveney v. Magone, 42 F. 491, 1890 U.S. App. LEXIS 2193 (circtsdny 1890).

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