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UNITED STATES v. A. JOHNSON & CO., INC.

Appeal No. 78-11; C.A.D. No. 1218.

588 F.2d 297 (1978)

The UNITED STATES, Appellant, v. A. JOHNSON & CO., INC., Appellee.

United States Court of Customs and Patent Appeals.

December 7, 1978.

Attorney(s) appearing for the Case

Barbara Allen Babcock, Asst. Atty. Gen., David M. Cohen, Chief, Customs Section, Washington, D. C., Joseph I. Liebman, New York City, for the United States.

Rivkin, Sherman & Levy, New York City, attorneys of record, for appellee; Joseph S. Kaplan, Dorothy P. Watson, New York City, of counsel.

Before MARKEY, Chief Judge, and RICH, BALDWIN, LANE and MILLER, Judges.

RICH, Judge.

This appeal by the United States is from the judgment of the United States Customs Court, 450 F.Supp. 247, 80 Cust.Ct. ___, C.D. 4737 (1978), upon remand from our prior decision reported at 559 F.2d 16, 64 CCPA 164, C.A.D. 1196 (1977), sustaining the importer's alternative classification. We reverse.

The merchandise in issue is described in our earlier opinion, 559 F.2d at...

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