Eastern Diamond Products Co. v. United States

DISSENTING OPINION

Donlon, Judge:

I do not concur with my learned colleagues that plaintiff has not made at least a prima facie showing that it is an American wholesaler and qualified as such, under section 516(b), to sue on this protest.

In our consideration we have the benefit not only of briefs filed by plaintiff and defendant, but also of an extensive brief filed as amicus curiae by counsel for General Electric Company, sole producer of synthetic diamond dust in the United States.

In its brief, defendant concedes that plaintiff is a bona fide wholesaler of diamond dust, even though it is what…