United States v. Best Foods, Inc.

51 C.C.P.A. 1, 1963 CCPA LEXIS 269

• Court: Court of Customs and Patent Appeals
• Decided: November 14, 1963
• Docket: No. 5151
• Status: Published

Opinion

PeR CtJRiAM:

This matter was heard in the United States Customs Court, Third Division, on evidence, and, on the record there made, the protest of the importer was sustained, C.D. 2396. On appeal to this court, counsel for the parties have filed the following stipulation herein:

Whereas the parties desire to effectuate a compromise settlement of the judgment in this case at fifty percent of the amount thereof; and

Whereas the said compromise settlement has been duly approved by the Attorney General;

It is, therefore, stipulated, subject to the approval of this court, that a judgment may be entered herein modifying the judgment of the Customs Court to the extent of providing that the protest be sustained as to fifty percent of the merchandise covered thereby and be dismissed as to the balance of the merehan-dise and that the collector be directed to reliquidate the entries and make refund accordingly.

Dated: New York, New York October 17, 1963

John W. Douglas,

Assistant Attorney General,

Civil Division

By Andrew P. Vance

Chief, Customs Section

Attorney for Appellant

Sullivan & Cromwell

Barnes, Richardson & Colburn

Attorneys for Appellee

On this stipulation, and without any consideration as to the correctness of the judgment of the court below on the record before it, the judgment of the United States Customs Court is modified to the extent of providing that the protest be sustained as to fifty percent of the merchandise covered thereby and be dismissed as to the balance of the merchandise and the cause is remanded for further proceedings in accordance with said stipulation. See P. J. McEvoy v. United States, 17 CCPA (Customs) 454, T.D. 43914.