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RUBBERSET COMPANY v. UNITED STATES

C.R.D. 72-9; Protest No. 70/56362.

342 F.Supp. 749 (1972)

The RUBBERSET COMPANY and The Sherwin-Williams Company v. UNITED STATES.

United States Customs Court.

May 9, 1972.

Attorney(s) appearing for the Case

Barnes, Richardson & Colburn, New York City (Rufus E. Jarman, Jr., New York City, of counsel), for plaintiffs.

L. Patrick Gray, III, Asst. Atty. Gen. (Martin Kirshner, Dept. of Justice, New York City, trial atty.), for defendant.

MEMORANDUM OPINION AND ORDER

WATSON, Judge:

Defendant has moved to dismiss the complaint for failure to state a cause of action, a motion not specifically set out in the rules of this court but one I would not hesitate to entertain and grant pursuant to Rule 1.1(b)1 if the circumstances so required.

Plaintiffs are seeking relief pursuant to item 807.00 of the Tariff Schedules of the United States,2<...

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