# In re the Investigation of Alleged Unfair Methods of Competition & Unfair Acts

> Court of Customs and Patent Appeals · May 25, 1928 · 16 Ct. Cust. 191

URL: https://www.frixlaw.com/law-library/cases/6828970

## Case

- **Full name:** In the matter of the investigation of alleged unfair methods of competition and unfair acts in the importation and sale of synthetic phenolic resin, Form C, and articles made wholly or in part thereof Frischer & Co. (Inc.), Randes Importing Co., Transatlantic Clock & Watch Co. (Inc.), Western Briar Pipe Co., National Council of Importers and Traders (Inc.)
- **Court:** Court of Customs and Patent Appeals
- **Decided:** May 25, 1928
- **Citations:** 16 Ct. Cust. 191
- **Precedential status:** Published
- **Opinion:** Concurrence by Barber
- **Judges:** Barber, Bland, Graham, Hatfield, Smith
- **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/6828970

## Opinion text

CONCURRING OPINION
Barber, Judge:
I concur in the conclusions reached by the court, but it would, in my opinion, be more in conformity with the established practice of this court to enter judgment denying the motion to dismiss without now handing down an opinion.
The only controverted issue is whether or not a case or controversy,, within the meaning of section 2 of Article III of the Constitution,, is presented, of which this court, as an inferior court, ordained and established by Congress under section 1 of said article, has jurisdiction. An opinion on that question can better be written after thn case has been heard on the merits. So far as I recall, our practice has been, when a motion to dismiss for want of jurisdiction is denied,. to discuss all relevant questions in the opinion handed down when the case is heard and decided upon the merits.
See Atlantic Transport Co. v. United States, 5 Ct. Cust. Appls. 373 , T. D. 34872; Fish v. United States, 12 Ct. Cust. Appls. 308 , T. D. 40315.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6828970. Public record. Not legal advice.