Opinion

Moscahlades Bros. v. United States

  • 42 C.C.P.A. 78
  • 1954 CCPA LEXIS 127
Court
Court of Customs and Patent Appeals
Filed
Nov 9, 1954
Status
Published
Author
Johnson
On the bench
Cole, Connell, Garrett, Johnson, Original, Worley
Cited by
13 cases

The opinion

JohNson, Judge,

concurring in part and dissenting in part.

Appellant has contended here that these olives should be classified as “olives in brine, green” and also that they should be classified as “olives in brine, ripe.” However, the Customs Court has not ruled as to which of these classifications is applicable to the involved importation. Since this question has not been decided by the lower court, I do not feel that it is within our province to decide that question for them. Therefore, while I agree with the majority that these olives are not properly classified as “olives not specially provided for” and that they are “olives in brine,” I do not agree with the majority in that portion of their opinion deciding which of these classifications should prevail.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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