R. U. Delapenha & Co. v. United States

Richardson, Judge,

concurred in the following order:

*215Donlon, Judge:

Submission of these protests haveing been set aside (R. U. Delapenha & Co., Inc. v. United States, 50 Cust. Ct. 144, C.D. 2403), plaintiff has moved that the protest claims to classification under paragraph 83 be “revived and restored.” Defendant opposes the motion, alleging that only a court of equity could grant the motion, that such relief is beyond the powers of this court, and, further, that to render judgment for direct classification under paragraph 83 would be to “reclassify the merchandise outside the limits of the…