
    Before the First Division,
    September 21, 1938
    No. 39406.
    Protests 661527-G, etc., of F. W. Myers & Co., Inc. (Ogdensburg).
   Opinion by

McClelland, P. J.

In accordance with stipulation of counsel .and on the authority of Myers v. United States (T. D. 49530) it was held that the tax in question should have been assessed on the basis of the number of board-feet actually imported.  