
    Before the Third Division,
    December 20, 1955
    No. 59603.
    protest 257007-K (New York).
    Albert Dickinson Company v. United States,
   Opinion by

Ekwall, J.

In accordance with stipulation of counsel that the merchandise consists of bird’s-foot trefoil seed similar in all material respects to that the subject of Transcontinental Seed, Inc. (Alltransport, Incorporated) v. United States (29 Cust. Ct. 163, C. D. 1462), the claim of the plaintiff was sustained.

Donlon, J.,

dissented, holding: “I do not concur in the decision in Transcontinental Seed, Inc. v. United States, 29 Cust. Ct. 163, C. D. 1462, the record of which has been incorporated in the record of this case. In my opinion, the protest should be overruled.”  