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STAR-KIST FOODS, INC. v. UNITED STATES

C.D. 2043; Protest No. 258737-K.

169 F.Supp. 268 (1958)

STAR-KIST FOODS, INC., v. UNITED STATES (Bruno Scheidt, Inc., Party in Interest).

United States Customs Court, First Division.

November 21, 1958.

Attorney(s) appearing for the Case

Lamb & Lerch, New York City (John G. Lerch and David A. Golden, New York City, of counsel), for plaintiff.

George Cochran Doub, Asst. Atty. Gen. (Richard E. FitzGibbon, Washington, D. C., Richard H. Welsh, New York City, Samuel D. Slade, and Herman Marcuse, Trial Attys., Washington, D. C.), for defendant.

No appearance for Bruno Scheidt, Inc., party in interest.

Before OLIVER, MOLLISON, and WILSON, Judges.

WILSON, Judge.

The party in interest in this case, Bruno Scheidt, Inc., on April 5, 1955, imported into the United States certain tuna fish, packed in brine. This merchandise was assessed at 12½ per centum ad valorem by the collector as "Fish, prepared or preserved in any manner, when packed in air-tight containers weighing with their contents not more than fifteen pounds each (except fish packed in oil or in oil and other substances)" under the provisions of...

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