United States v. Perez

C. A. D. 407. Case remanded to trial judge for further proceedings by order of Oliver, Chief Judge, and Cole, Judge, as follows:

This cause having come on for hearing before this court, and a judgment having been rendered in favor of the importer (Reap. Dec. 7432), and the United States having thereafter appealed from said judgment to the United States Court of Customs and Patent Appeals, and the said United States Court of Customs and Patent Appeals having transmitted to this court its mandate, by which it appears that the judgment of the United States Customs Court was reversed and the cause remanded on March 1, 1949, for proceedings not inconsistent with the views expressed in the opinion of said United States Court of Customs and Patent Appeals (C. A. D. 407),

Now, in conformity with the said mandate of the said Court of Customs and Patent Appeals, it is hereby

Ordered that the cause be and is hereby remanded to the trial judge for further proceedings not inconsistent with the opinion of the Court of Customs and Patent Appeals in said cause.

DISSENTING OPINION

Having considered the opinion and decision of the Court of Customs and Patent Appeals in the above cause, the judgment and mandate thereof, and the record in the cause, including appellant’s exhibit 6, I am of the opinion that the proper procedure to be followed at this stage of the proceedings would be to set the cause down for argument upon the foregoing for the purpose of determining the mode of compliance with said judgment and mandate. I therefore dissent from the entry of the order of the majority.