S. J. CHARIA & CO. v. UNITED STATES

C. D. 1642; Protest Nos. 194548-K, 197913-K and 197914-K.

135 F.Supp. 727 (1954)

S. J. CHARIA & CO. v. UNITED STATES.

United States Customs Court Second Division.

On Motion for Retrial November 30, 1954.


Attorney(s) appearing for the Case

Tompkins & Tompkins, New York City (Allerton deC. Tompkins, New York City, of counsel), for plaintiff.

Warren E. Burger, Asst. Atty. Gen., Mollie Strum, Trial Atty., New York City, for defendant.

Sanford H. Bolz, Washington, D. C., amicus curiae.

Before LAWRENCE, RAO and FORD, Judges.


LAWRENCE, Judge.

This cause of action challenges the decision of the collector of customs at the port of New Orleans in excluding from entry certain cigar lighters, which the plaintiff endeavored to import into the United States.

The act of exclusion was based upon the authority of an order of the President, dated March 17, 1934, 65 Treas. Dec. 659, T.D. 47001, issued in accordance with the provisions of section 337 of the Tariff Act of 1930, 19 U.S.C.A. ...

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