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DAVID L. MOSS CO. v. UNITED STATES

Customs Appeal No. 4114.

103 F.2d 395 (1939)

DAVID L. MOSS CO., Inc., v. UNITED STATES.

Court of Customs and Patent Appeals.

March 27, 1939.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn, of New York City (Albert MacC. Barnes, Joseph Schwartz, and J. Bradley Colburn, all of New York City, of counsel), for appellant.

Webster J. Oliver, Asst. Atty. Gen. (Charles D. Lawrence, Sp. Asst. to Atty. Gen., and Joseph F. Donohue, Sp. Attorney, of Nutley, N. J., of counsel), for the United States.

Before GARRETT, Presiding Judge, and BLAND, HATFIELD, and LENROOT, Associate Judges, and PARKER, Judge of United States Circuit Court of Appeals for Fourth Circuit.

PARKER, Judge.1

This is an appeal by the importer from a judgment of the United States Customs Court, Third Division, overruling a protest by the appellant against the liquidation and assessment of duty made by the collector of customs at New York on an importation of dried egg albumen. The Tariff Act of 1930, paragraph 713, § 1, 19 U.S.C.A. § 1001, par. 713, imposed a duty of 18 cents per pound upon "dried whole eggs, dried...

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