# Koons, Wilson & Co. v. United States

> Court of Customs and Patent Appeals · April 13, 1918 · 8 Ct. Cust. 333

URL: https://www.frixlaw.com/law-library/cases/6827853

## Case

- **Full name:** Koons, Wilson & Co. v. United States
- **Court:** Court of Customs and Patent Appeals
- **Decided:** April 13, 1918
- **Citations:** 8 Ct. Cust. 333; 1918 CCPA LEXIS 22; 1918 WL 18156
- **Precedential status:** Published
- **Opinion:** Dissent by Barber
- **Judges:** Barber, Barrer, Martin, Montgomery, Smith, Vries
- **Cited by:** 1 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/6827853

## Opinion text

DISSENTING OPINION.
Barber, Judge,
concurring with Smith, Judge: “Clay” is defined •in the Standard Dictionary as “a common earth of various colors, compact and brittle when dry, b.ut plastic and tenacious when wet,” and I think this accords with common understanding as to the meaning of the word.
Congress recognizes there is a blue clay, which accords with common knowledge. It has provided that such clay when suitable for certain uses shall be given free entry. Color is ascertained by ■ocular inspection, and to say that whether or not a clay is blue depends upon a laboratory test to determine the existence of other qualities, or upon the uses to which it may be applied, seems to me to disregard the plain meaning of language and to eliminate from the statute words which the legislators deliberately placed therein. Upon the record before us I think the judgment below should be affirmed.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6827853. Public record. Not legal advice.