United States v. Mayer

Customs and Patent Appeals

United States v. Mayer

13 Ct. Cust. 663, 1926 CCPA LEXIS 69

Court of Customs and Patent Appeals·Decided April 1, 1926·No. No. 2455·Published

Opinion

Per Curiam:

The petition for rehearing in this case raises no new point other than that the court misconstrued the witness Ireland’s testimony and examined the wrong exhibit.

We have carefully reexamined the exhibits involved in the appeal and we find but one exhibit marked illustrative Exhibit A and no exhibit whatever marked “Illustrative Exhibit A, sample No. 3.” If there be any mistake in the matter it was not the mistake of the-court, but a mistake of the witness or a mistake in marking the exhibits. Even if we found that the witness had been misunderstood or that the wrong exhibit had been examined, we would not bo justified in changing the conclusion reached.

The petition for rehearing is denied.

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Per Curiam:

The petition for rehearing in this case raises no new point other than that the court misconstrued the witness Ireland’s testimony and examined the wrong exhibit.

We have carefully reexamined the exhibits involved in the appeal and we find but one exhibit marked illustrative Exhibit A and no exhibit whatever marked “Illustrative Exhibit A, sample No. 3.” If there be any mistake in the matter it was not the mistake of the-court, but a mistake of the witness or a mistake in marking the exhibits. Even if we found that the witness had been misunderstood or that the wrong exhibit had been examined, we would not bo justified in changing the conclusion reached.

The petition for rehearing is denied.

United States v. Mayer, 13 Ct. Cust. 663, 1926 CCPA LEXIS 69 (ccpa 1926).

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