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STAR-KIST FOODS, INC. v. UNITED STATES

Customs Appeal No. 4988.

275 F.2d 472 (1959)

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

United States Court of Customs and Patent Appeals.

December 15, 1959.

Attorney(s) appearing for the Case

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

Shipley, Akerman & Pickett, Washington, D. C., Carl L. Shipley, Washington, D. C., amici curiæ.

George Cochran Doub, Asst. Atty. Gen., Richard E. FitzGibbon, Chief, Customs Section, Samuel D. Slade, Herman Marcuse, trial attorneys, Washington, D. C., of counsel (Geo. S. Leonard, trial attorney, Washington, D. C., of counsel), for the United States.

Before WORLEY, Chief Judge, and RICH, MARTIN and SMITH, Judges, and Judge WILLIAM H. KIRKPATRICK.

MARTIN, Judge.

This appeal arose out of a protest filed by Star-Kist Foods, Inc., an American producer of canned tuna fish packed in oil and of tuna fish packed in distilled water (a "dietetic pack"). The protest was filed pursuant to section 516(b) of the Tariff Act of 1930, as amended, 19 U.S.C.A. § 1516(b), and attacked the assessment made by the Collector of Customs, Port of New York, of an import of tuna fish packed...

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