John C. Rogers & Co. v. United States

The same issue1 involving the same parties was decided adversely to appellant by the Customs Court in John C. Rogers & Co., Inc., a/c Hoeganaes Sponge Iron Corp. v. United States, 64 Cust. Ct. 12, C.D. 3952 (1970). This court affirmed the judgment of the Customs Court, holding that its determination was not clearly contrary to the weight of the evidence. 58 CCPA 104, C.A.D. 1012, 436 F. 2d 1034 (1971).

During the trial of this second case, appellant introduced testimony of two experts in the refractory field for .the purpose of establishing the common meaning of “fire brick.” One of these…