United States v. Rusch & Co.
Court of Appeals for the Second Circuit
Appeal from the Circuit Court of the United States for the Southern District of New York. In the first of these causes the Board of General Appraisers decided in favor of the importer. G. A. 6,492 (T. D. 27,762). .Tn the other two, on a fuller record, it decided in favor of the government. C. A. 6,670 (T. D. 28,447). The Circuit Court decided all three causes hi favor of the importer, and from those decisions this appeal is taken. For decision below, see 160 Fed. 279.
1Opinion of the Court
LACOMBE, Circuit Judge.
The goods in question are cotton cloths in which all the ordinary warp and filling threads, whether bleached or unbleached, which form the foundation, are not colored; the foundation being embellished with designs composed entirely of colored threads interwoven with and superimposed upon the warp and filling threads to form colored figures of greater or less elaboration. Sometimes the figures are few and small, but always substantial enough to modify the plain goods. Sometimes they cover much the greater part of the foundation, so that the fabric appears to the eye as a…
2Cases cited5 opinions
- Newman v. ArthurSupreme Court of the United States · 1883
- United States v. RiggsSupreme Court of the United States · 1906
- Hedden v. RobertsonSupreme Court of the United States · 1894
- Robertson v. HeddenU.S. Circuit Court for the District of Southern New York · 1889
- H. B. Claflin Co. v. United StatesCourt of Appeals for the Second Circuit · 1902
3Cited by1 opinion
- Bemis Bro. Bag v. United StatesCourt of Customs and Patent Appeals · 1922