Protest 695138-G of Langfelder, Homma & Hayward, Inc.

concurring opinion

Brown, Judge:

It is not for this court of its own motion to lug in questions of multifariousness in protests not raised by the defendant. Therefore, that question is not in this case.

The court of appeals in United States v. Fred. Gretsch Mfg. Co., Inc., suit 4156, decided December 19, 1938, insists that that “equitable” doctrine applies to suits at law as well as “equity” in spite of the fact that the customs case they cite by Judge Lacombe in Legg v. Hedden, 37 Fed. 861, refused to apply the doctrine. Such doctrine has been applied in these customs suits at law in our court…