
    No. 54259.
    Marks & Rosenfeld, Inc. v. United States,
    protest 153066-K (New York).
   Opinion by

Johnson, J.

At the trial it was stipulated that the issues and facts herein are similar to those involved in United States v. Browne Vintners Co., Inc. (34 C. C. P. A. 112, C. A. D. 351) and that the quantities reported by the inspector as manifested and not found were in fact not landed. In accordance with stipulation and following the decision cited it was held that the merchandise, insofar as it involves the quantities reported by the inspector as manifested and not found, is subject to an allowance in duties. The protest was sustained to this extent.  