
    Before the Third Division,
    May 6, 1965
    No. 69294.
    Bloomingdale Bros. (a div. of Fed. Dept. Stores, Inc.) v. United States,
    protest 64/18641 (New York).
   Opinion by

Donlon, J.

In accordance with stipulation of counsel that the merchandise consists of earthenware similar in all material respects to that the subject of Justin Tharaud & Son, Inc., et al. 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.  