
    Before the Third Division,
    September 19, 1967
    No. P67/308.
    Bloomingdale Bros. (a div. of Fed. Dept. Stores, Inc.) v. United States, protest 66/47145 (New York).
   Landis, J.

In accordance with stipulation of counsel that the merchandise covered by the foregoing protest consists of earthenware similar in all material respects to that the subject of Justin Tharaud & Son, Inc., and J. J. Murphey & Co. v. United States (44 Cust. Ct. 216, C.D. 2177) and United States v. M. & D. Miller, Inc. (41 CCPA 226, C.A.D. 556), the claim of the plaintiff was sustained.  