United States v. Fung Chong Co.

It is my view that all of the facts of importance in this case have been stated in the majority opinion, and I concur in all that is said therein.

Some reference is made in the dissenting opinion to the fact that in determining the issue in a case of this character it is the duty of the court to use common sense and common understanding. The observation is not a new one, but in order to be legally applicable it should be compatible with well-established principles of law.

In my opinion the Government has wholly failed to prove that the term “kumquat” is not within the common meaning of the term…