BEST FOODS, INC. v. UNITED STATES

C.D. 2396; Protest 305961-K.

218 F.Supp. 576 (1963)

The BEST FOODS, INC. v. UNITED STATES.

United States Customs Court, Third Division.

May 6, 1963.


Attorney(s) appearing for the Case

Sullivan & Cromwell, New York City (William Piel, Jr., New York City, of counsel), Barnes, Richardson & Colburn, New York City, Associate Counsel (Joseph Schwartz, New York City, of counsel), for plaintiff.

John W. Douglas, Asst. Atty. Gen. (Richard E. FitzGibbon and Sheila N. Ziff, New York City, trial attorneys), for defendant.

Before JOHNSON, DONLON, and RICHARDSON, JJ.


DONLON, Judge.

This litigation challenges the legality of a fee, at the rate of 2 cents per pound, exacted on imported peanuts pursuant to a Presidential proclamation, issued under the Agricultural Adjustment Act, namely, proclamation 3095, of May 16, 1955 (T.D. 53808). This proclamation purports to modify earlier Presidential proclamations 3019 and 3084.

The peanuts of this suit were imported on May 25, 1955, and May 26, 1955, after the effective date of...

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