Protest 103206-K of A. W. Fenton Co.

U.S. Customs Court

Protest 103206-K of A. W. Fenton Co.

18 Cust. Ct. 150

CourtUnited States Customs Court

DecidedJanuary 22, 1947

DocketNo. 51538

StatusPublished

This text of 18 Cust. Ct. 150 (Protest 103206-K of A. W. Fenton 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 103206-K of A. W. Fenton Co., 18 Cust. Ct. 150 (cusc 1947).

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Opinion

Opinion by

Lawrence, J.

The only witness who appeared on behalf of the plaintiff was the United States examiner who passed the importation. After [151]*151identifying a sample of the merchandise, he testified as to its width, thickness, and length, but conceded that his knowledge concerning the use made of the articles was based on hearsay. In response to the question whéther the sample was elastic, he said it was not; that if bent it would retain that shape and not recover its previous form. Inasmuch as plaintiff failed to meet its burden of proof, the protest was overruled. (Seagram v. United States, 30 C. C. P. A. 150, C. A. D. 227) followed.

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Opinion by

Lawrence, J.

The only witness who appeared on behalf of the plaintiff was the United States examiner who passed the importation. After [151]*151identifying a sample of the merchandise, he testified as to its width, thickness, and length, but conceded that his knowledge concerning the use made of the articles was based on hearsay. In response to the question whéther the sample was elastic, he said it was not; that if bent it would retain that shape and not recover its previous form. Inasmuch as plaintiff failed to meet its burden of proof, the protest was overruled. (Seagram v. United States, 30 C. C. P. A. 150, C. A. D. 227) followed.

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Bluebook (online)

18 Cust. Ct. 150, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protest-103206-k-of-a-w-fenton-co-cusc-1947.