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UNITED STATES v. BOONE

No. 4661.

188 F.2d 808 (1951)

UNITED STATES v. BOONE.

United States Court of Customs and Patent Appeals.

February 6, 1951.

Attorney(s) appearing for the Case

David N. Edelstein, Asst. Atty. Gen. (Richard F. Weeks and Joseph F. Donohue, Sp. Attys., New York City, of counsel), for the United States.

Lawrence, Tuttle & Harper, San Francisco, Cal. (Frank L. Lawrence and George R. Tuttle, San Francisco, Cal., of counsel), for appellee.

Before GARRETT, Chief Judge, and JACKSON, O'CONNELL, JOHNSON, and WORLEY, Judges.

JACKSON, Judge.

The United States has appealed from a judgment of the United States Customs Court, Third Division, one judge dissenting, sustaining two protests by appellee in which it was claimed that certain imported merchandise invoiced as barley bran was properly dutiable pursuant to the provisions of paragraph 731 of the Tariff Act of 1930, 19 U.S.C.A. § 1001, as screenings. The paragraph, as amended by the Second Trade Agreement with Canada, 53 Stat. 2386...

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