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STERN & COMPANY v. UNITED STATES

Customs Appeal No. 5118.

331 F.2d 310 (1963)

S. STERN & COMPANY, Appellant, v. The UNITED STATES, Appellee.

United States Court of Customs and Patent Appeals.

December 12, 1963.

Attorney(s) appearing for the Case

Leonard Feldman, New York City, for appellant.

John W. Douglas, Asst. Atty. Gen., Andrew P. Vance, Chief, Customs Section, for the United States.

John D. Rode, New York City, for Association of Customs Bar, as amicus curiae.

Thomas J. McKenna, New York City, for New York County Lawyers' Ass'n, as amicus curiae.

Before WORLEY, Chief Judge, and RICH, MARTIN, SMITH and ALMOND, Judges.

ALMOND, Judge.

Appellant, S. Stern & Company, a customs brokerage partnership, appeals from an order of the United States Customs Court, Third Division1 declining to receive and recognize a proffered stipulation of submission subscribed on appellant's behalf by one of its partners, James B. Herzog. The stipulation was likewise subscribed by appellee. The trial court's decision was predicated on its determination ex mero motu

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