Opinion

Christensen Diamond Products Co. v. United States

  • 54 Cust. Ct. 221
  • 243 F. Supp. 212
  • 1965 Cust. Ct. LEXIS 2439
Court
United States Customs Court
Filed
Jun 3, 1965
Status
Published
Author
Donlon
On the bench
Donlon, Eord, Richardson
Cited by
6 cases

The opinion

CONCURRING OPINION

Donlon, Judge:

This is one of several cases, all having to do with imported synthetic diamond dust, some of which (as this) are protests filed under section 514, and some are protests filed under section 516(b), as amended. The section 516(b) protest cases are not ready for entry of judgment.

There is a difference of opinion in the division as to procedure, both as to the priority mandate of section 2638 of the Judicial Code and as to the desirability of coordinating opinion language, in the related cases, to obviate confusion and minimize misunderstanding.

Believing, as I do, that prior obligation under the Judicial Code is to section 516 (b) cases, but recognizing, as I also do, that only our court of appeals can decide between conflicting views as to the interpretation of section 2638,1 vote to concur herein with the reservation that if it should be deemed necessary or wise, when the related section 516(b) cases are decided, to modify language or explain arguments, dicta or nuances of expression herein which, in the light of the section 516 (b) decisions, seem to call for elucidation, I shall do so.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.