Amerifact Corp. v. United States

DISSENTING OPINION

Mollison, Judge:

I am unable to agree with the decision of my colleagues that the motion of the defendant for dismissal of the instant protest is good and should be granted. I find the motion to be defective in substance, and the allegation of nonpayment of duties not to be supported by proof.

The motion to dismiss the protest is not supported by an affidavit as to the fact of nonpayment made by a person who is familiar with the facts, nor is it accompanied, as required by rule. 6(e) of the rules of this court, by an order of the kind proposed to be entered in the premises.

It…