Trefflichs Bird & Animal Co. v. United States

U.S. Customs Court

Trefflichs Bird & Animal Co. v. United States

26 Cust. Ct. 437, 1951 Cust. Ct. LEXIS 564

CourtUnited States Customs Court

DecidedMay 22, 1951

DocketNo. 55572; protest 153045-K (New York)

StatusPublished

This text of 26 Cust. Ct. 437 (Trefflichs Bird & Animal Co. 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.

Bluebook

Trefflichs Bird & Animal Co. v. United States, 26 Cust. Ct. 437, 1951 Cust. Ct. LEXIS 564 (cusc 1951).

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Opinion

Opinion by

Cline, J.

It was stipulated that the facts and issues herein are similar in all material respects to those involved in United States v. Browne Vintners & Co., Inc. (34 C. C. P. A. 112, C. A. D. 351) and that the quantity of 255 birds reported by the inspector as not landed was not in fact received by the importer. In accordance with stipulation of counsel and following the decision cited it was held that the importer is entitled to a refund in duties assessed on 255 birds reported by the inspector as not landed. The protest was sustained to this extent.

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Opinion by

Cline, J.

It was stipulated that the facts and issues herein are similar in all material respects to those involved in United States v. Browne Vintners & Co., Inc. (34 C. C. P. A. 112, C. A. D. 351) and that the quantity of 255 birds reported by the inspector as not landed was not in fact received by the importer. In accordance with stipulation of counsel and following the decision cited it was held that the importer is entitled to a refund in duties assessed on 255 birds reported by the inspector as not landed. The protest was sustained to this extent.

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Bluebook (online)

26 Cust. Ct. 437, 1951 Cust. Ct. LEXIS 564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/trefflichs-bird-animal-co-v-united-states-cusc-1951.