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ZERKOWITZ & CO. v. UNITED STATES

Customs Appeal No. 5348.

438 F.2d 1240 (1971)

A. ZERKOWITZ & CO., Inc., Appellant, v. The UNITED STATES, Appellee.

United States Court of Customs and Patent Appeals.

March 18, 1971.

Attorney(s) appearing for the Case

Sharretts, Paley, Carter & Blauvelt, New York City, attorneys of record, for appellant; Eugene F. Blauvelt, Gail T. Cumins, New York City, of counsel.

William D. Ruckelshaus, Asst. Atty. Gen., Andrew P. Vance, Chief, Customs Section, Frederick L. Ikenson, New York City, for the United States.

Lamb & Lerch, New York City, amici curiae; David A. Golden, New York City, of counsel.

Before RICH, ALMOND, BALDWIN, and LANE, Judges, and McMANUS, Judge, Northern District of Iowa, sitting by designation.

ON PETITION FOR REHEARING

PER CURIAM:

Because appellee's petition for rehearing exhibits considerable misunderstanding of the effect of our decision in this case, we will treat it as a petition for clarification. However, as a petition for rehearing, it is denied.

Broadly speaking, there were two issues in this case, namely, whether it was proper to attempt an American selling price appraisement and whether the attempted American selling price appraisement...

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