Downing v. United States

DISSENTING OPINION

Adamson, Justice:

I regret my inability to concur with my associates, but I have considered the case on the record made before the single associate justice and I am absolutely unable to reach the conclusions reported by the associate justice who presided below and affirmed by the majority of this court.

The first finding of the associate justice who tried the case I think entirely unsupported by the evidence, but on the other hand contradicted by the evidence conclusively. There is no wholesale market value for domestic consumption for the merchandise at bar in Japan.…