ARNOLD PICKLE & OLIVE CO. v. UNITED STATES

C.D. 4712; Court Nos. 73-7-01647, 73-7-01648-S.

435 F.Supp. 921 (1977)

ARNOLD PICKLE & OLIVE CO. v. UNITED STATES.

United States Customs Court.

August 17, 1977.


Attorney(s) appearing for the Case

Glad, Tuttle & White, Los Angeles, Cal. (Robert Glenn White, Los Angeles, Cal., of counsel), for plaintiff.

Barbara Allen Babcock, Asst. Atty. Gen., Washington, D. C. (Steven P. Florsheim, Trial Atty., New York City), for defendant.


Memorandum Opinion and Order

WATSON, Judge.

In these cross-motions plaintiff seeks partial summary judgment and defendant seeks judgment on the pleadings. Both parties rely on the similarity of the circumstances of this case to those in Arnold Pickle & Olive Co. v. United States, 75 Cust.Ct. 154, C.D. 4620 (1975), the record of which has been incorporated herein.

In that case, owing to a lack of proof of costs of inspecting and grading...

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