Mullins Industrial Diamond Corp. v. United States

DISSENTING OPINION

Donlon, Judge:

I dissent. On grounds stated in our opinion in Engelhard Hanovia Inc. v. United States, 54 Cust. Ct. 233, C.D. 2538, on the issue of classification, and in my dissenting opinions, in Diamond Tool Research Co., Inc. v. United States, 55 Cust. Ct. 37, C.D. 2551, and in Eastern Diamond Products Company, Inc. v. United States, 55 Cust. Ct. 62, C.D. 2552, on the issue of jurisdiction, and on the facts of record here, I find that plaintiff is an American wholesaler of natural diamond dust, which is merchandise of the same class or kind as the imported synthetic…