United States v. Kurt Orban Co.

Donlon, Judge:

Defendant below lias appealed from tlie reap-praisement decision of the trial judge in two consolidated cases. Kurt Orban Company, Incorporated v. United States, 49 Cust. Ct. 392, Reap. Dec. 10338. Appellant alleges as error, inter alia, the finding below (by amended decision) that the principal markets for sale of the imported merchandise were the factories of the respective manufacturers. Appellant argues that there is no probative evidence to support such finding.

Appellant’s contention is that plaintiff below failed to make a prima facie case and that judgment, therefore,…