Protest 100291-K of Olavarria & Co.

U.S. Customs Court

Protest 100291-K of Olavarria & Co.

16 Cust. Ct. 249

CourtUnited States Customs Court

DecidedJuly 1, 1946

DocketNo. 50972

StatusPublished

This text of 16 Cust. Ct. 249 (Protest 100291-K of Olavarria & Co.) 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.

Bluebook

Protest 100291-K of Olavarria & Co., 16 Cust. Ct. 249 (cusc 1946).

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Opinion

Opinion by

Keefe, J.

At the trial the importer’s oath of short shipment was admitted in evidence for the sole purpose of establishing that it had been filed in compliance with the regulations. No attempt was made by the plaintiff to establish that there actually had been a nonimportation of the four bags of sugar in question. It was held that the plaintiff had failed to overcome the presumption of correctness attaching to the collector’s action. (Altman v. United States, 13 Cust. Ct. 56, C. D. 868, followed.) The protest was therefore overruled.

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Opinion by

Keefe, J.

At the trial the importer’s oath of short shipment was admitted in evidence for the sole purpose of establishing that it had been filed in compliance with the regulations. No attempt was made by the plaintiff to establish that there actually had been a nonimportation of the four bags of sugar in question. It was held that the plaintiff had failed to overcome the presumption of correctness attaching to the collector’s action. (Altman v. United States, 13 Cust. Ct. 56, C. D. 868, followed.) The protest was therefore overruled.

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Bluebook (online)

16 Cust. Ct. 249, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protest-100291-k-of-olavarria-co-cusc-1946.

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