Austin, Nichols & Co. v. United States

Barbee, Judge,

delivered tbe opinion of the court:

This case involves two appeals, one by Austin, Nichols & Co. and the other by the Neuman & Schwiers Co. (Inc.).

The merchandise is beans, pease, and mushrooms in tins. The contents were found by the Board of General Appraisers to vary in weight from about one-half kilogram to about 2 kilograms, according to the size of the tins, and the correctness of this finding is not disputed. The tins appear to be of the sizes in which such merchandise is commonly handled and sold to consumers and in that form has been the subject of merchandising for more…