# Jaeger's Sanitary Woolen System Co. v. United States

> Court of Customs and Patent Appeals · December 14, 1921 · 11 Ct. Cust. 181

URL: https://www.frixlaw.com/law-library/cases/6828108

## Case

- **Full name:** Jaeger's Sanitary Woolen System Co. v. United States
- **Court:** Court of Customs and Patent Appeals
- **Decided:** December 14, 1921
- **Citations:** 11 Ct. Cust. 181; 1921 CCPA LEXIS 54; 1921 WL 21159
- **Precedential status:** Published
- **Opinion:** Concurrence by Smith
- **Judges:** Barber, Martin, Smith, Yries
- **Cited by:** 3 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/6828108

## Opinion text

CONCURRING OPINION.
Smith, Judge:
If it were an original proposition I would be disposed .to regard the provision “including shawls whether knitted or woven” as an eo nomine designation. That provision as it reads includes all shawls knitted or woven and does not except from its operation shawls which have knitted or woven lace designs. Whether, therefore, the provision was inserted as an expansion of the designation “articles of wearing apparel of every description,” or was intended to include an article which was not a “wearing apparel,” it would seem as a matter of first impression that the provision was intended to cover all knitted and woven shawls without exception. The Circuit Court of Appeals in the case of Goldenberg v. United States ( 130 Fed., 108 ), long ago decided, however, that a provision for “articles of wearing apparel of every description, including neckties or neck-wear,” did not provide eo nomine for neckties or neckwear and that decision unreversed for 17 years, I think I must accept as binding on my judgment in this case. I, therefore, concur.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6828108. Public record. Not legal advice.