ACME SHEAR CO. v. UNITED STATES

C. D. 4569; Court No. 73-2-00440.

386 F.Supp. 513 (1974)

The ACME SHEAR CO. v. UNITED STATES.

United States Customs Court.

December 2, 1974.


Attorney(s) appearing for the Case

Tompkins & Davidson, New York City (Allan H. Kamnitz, New York City, of counsel), for plaintiff.

Carla A. Hills, Asst. Atty. Gen. (John N. Politis, New York City, trial atty.), for defendant.


Opinion on Cross-Motions for Summary Judgment

BOE, Chief Judge:

Plaintiff has moved for summary judgment under rule 8.2 of this court. Defendant, agreeing that no genuine issue of fact exists, has cross-moved for summary judgment in its favor.

From the pleadings and from the testimony submitted by affidavits, it appears that the merchandise in question consists of nonmalleable cast-iron articles not alloyed and not coated or plated with precious...

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