
    Before the Third Division,
    April 21, 1941
    No. 45749.
    Protest 47078-K of Musolino Lo Conte Co. (Boston).
   Opinion by

Evans, J.

The evidence showed that the examiner opened and examined only one carton of the total of 100 cartons and the appraiser did not open and examine any of the cartons of the shipment. On the record presented the protest was sustained. Tower v. United States (21 C. C. P. A. 417, T. D. 46943) followed.  