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UNITED STATES v. TOPPS CHEWING GUM, INC.

No. 5397.

440 F.2d 1384 (1971)

The UNITED STATES, Appellant, v. TOPPS CHEWING GUM, INC., Appellee.

United States Court of Customs and Patent Appeals.

May 13, 1971.

Attorney(s) appearing for the Case

L. Patrick Gray III, Asst. Atty. Gen., Andrew P. Vance, Chief, Customs Section, Michael M. Hunter, New York City, for the United States.

Alan S. Hays, New York City (Cadwalader, Wickersham & Taft), New York City, attorney of record, for appellee; George D. Reycraft, New York City, of counsel.

Before RICH, ALMOND, BALDWIN, and LANE, Judges, and JONES, Judge, United States Court of Claims, sitting by designation.

LANE, Judge.

The United States appeals from the decision and judgment of the First Division of the Customs Court in Topps Chewing Gum, Inc. v. United States, 63 Cust.Ct. 431, C.D. 3930 (1969), sustaining appellee-importer's protest against the classification of imported merchandise. We reverse.

The merchandise consists of assortments of objects variously labeled as "Wise Guy Buttons," "Smarty Buttons," and "Ugly Buttons." Each of the objects consists of a...

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