Brookside Veneers, Ltd. v. United States

MEMORANDUM OPINION AND ORDER

CARMAN, Judge:

Defendant, United States, pursuant to Rule 59 of the Rules of this Court, moves for a rehearing of this Court’s opinion and judgment in Slip Op. 86-142 of December 30,1986. While the purpose of a rehearing is not to retry a case, if there has been a fundamental and significant flaw in the conduct of the original proceedings, Rule 59 provides a useful remedy. See W.J. Byrnes & Co. v. United States, 68 Cust.Ct. 358, C.R.D. 72-5 (1972).

Defendant contends the Court misconstrued the terms “log or flitch” as used but not defined in the Tariff Schedules of…