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UNITED STATES v. CLAYTON CHEMICAL & PACKAGING CO.

Customs Appeal No. 5186.

357 F.2d 1009 (1965)

The UNITED STATES, Appellant, v. CLAYTON CHEMICAL & PACKAGING CO., Appellee.

United States Court of Customs and Patent Appeals.

June 24, 1965.

Attorney(s) appearing for the Case

John W. Douglas, Asst. Atty. Gen., Andrew P. Vance, Chief, Customs Section, James S. O'Kelly, New York City, for appellant.

J. Joseph McDermott, Brooks & Brooks, New York City, for appellee.

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

ALMOND, Judge.

The United States, hereinafter appellant, appeals from the decision and judgment of the United States Customs Court, Second Division, Appellate Term, 52 Cust.Ct. 620, A.R.D. 169, affirming the decision of the trial court,1 wherein it was held in substance that the sales of the involved merchandise in small quantities were for experimental and testing purposes, and thus not in the ordinary course of trade. In determining...

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