Legal Opinion

Petitions 5553-R of McCabe Bros. ex rel. Mackay

United States Customs Court

Decided December 15, 1938No. 40124PublishedCited by 2 opinions

1Opinion of the Court

Opinion by

Keefe, J.

These petitions were filed by parties not entitled to refund of duties and were therefore held to be fatally defective. Richards v. United States (24 C. C. P. A. 243, T. D. 48670) cited. It was held that were the court to accept so-called amended petitions, which are in fact new petitions, filed by the proper parties in interest, it would be without jurisdiction because the action of the customs authorities became final and conclusive upon all parties at the completion of the sixty-day period after liquidation. The motion to amend was therefore denied and the petitions were…

2Cited by2 opinions

  1. Heemsoth Kerner Corp. v. United StatesUnited States Customs Court · 1953
  2. Empey v. United StatesUnited States Customs Court · 1949

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API