Protest 13444-K of American Import Co.

U.S. Customs Court

Protest 13444-K of American Import Co.

12 Cust. Ct. 326

CourtUnited States Customs Court

DecidedJune 7, 1944

DocketNo. 49470

StatusPublished

This text of 12 Cust. Ct. 326 (Protest 13444-K of American Import 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 13444-K of American Import Co., 12 Cust. Ct. 326 (cusc 1944).

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Opinion

Opinion by

Oliver, P. J.

At the trial the witness for plaintiff produced a sample of merchandise which was received in evidence and which appears to be made of yellow rubber, somewhat spherical in shape, about 2 inches in diameter, and formed to imitate the head of a dog A small metal whistle is imbedded in the head. He testified that he had never seen the merchandise in actual use and that his knowledge in relation to its use was limited to the nature of the business engaged in by the customers of his employer. From an examination of the entire record the court found that the plaintiff had failed to establish a •prima facie case. The protest was therefore overruled.

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Opinion by

Oliver, P. J.

At the trial the witness for plaintiff produced a sample of merchandise which was received in evidence and which appears to be made of yellow rubber, somewhat spherical in shape, about 2 inches in diameter, and formed to imitate the head of a dog A small metal whistle is imbedded in the head. He testified that he had never seen the merchandise in actual use and that his knowledge in relation to its use was limited to the nature of the business engaged in by the customers of his employer. From an examination of the entire record the court found that the plaintiff had failed to establish a •prima facie case. The protest was therefore overruled.

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Bluebook (online)

12 Cust. Ct. 326, Counsel Stack Legal Research, https://law.counselstack.com/opinion/protest-13444-k-of-american-import-co-cusc-1944.