R. U. Delapenha & Co. v. United States

Donlon, Judge:

These consolidated cases were restored to the trial calendar for all purposes, submission having been set aside by the court sua sponte. R. U. Delapenha & Co., Inc. v. United States, 50 Cust. Ct. 144, C.D. 2403, and order therein entered September 24, 1963, Id. v. Id., 51 Cust. Ct. 214, Abstract 68012.

In open court, both plaintiff 'and defendant rested on the record previously made, and the ease was submitted for decision on that record. Both parties filed briefs.

Plaintiff argues, correctly, that in its decision herein, supra (C.D. 2403), the court has held that the instant…