F. W. Myers & Co. v. United States

Cole, Judge:

This case was originally decided in F. W. Myers Fa Co., Inc. v. United States, 20 Cust. Ct. 152, C. D. 1100, and is before us now following rehearing which was granted on motion of plaintiff, Same v. Same, 20 Cust. Ct. 327, Abstract 52363.

The two protests, although consolidated for the purposes of trial by consent of the parties, relate to different classes of merchandise, presenting separate and distinct issues. It is, therefore, necessary to discuss each by itself and apart from the other.

While consolidation herein is somewhat violative of the rule permitting such practice,…