J. M. Rodgers Co. v. United States

Landis, Judge:

Defendant moves for rehearing and an order vacating and setting aside the judgment entered August 16, 1967, in J. M. Rodgers Co., Inc. v. United States, 59 Cust. Ct. 91, C.D. 3084. The relief defendant seeks is an amended judgment overruling the protest.

While this matter comes up as a motion for rehearing, there are no new facts to be heard. What defendant’s memorandum in support of the motion does is restate arguments previously considered and discussed in our decision in Rodgers, supra. There we held that the collector’s classification under paragraph 1539(b), Tariff Act of…