
    No. 58170.
    protest 223920-K (New York).
    American Thermo-Ware Company v. United States,
   Opinion by

Oliver, C. J.

It was stipulated that the merchandise and issues are the same in all material respects as those the subject of John P. Herber & Co., Inc. v. United States (30 Cust. Ct. 193, C. D. 1519). In accordance with stipulation of counsel and following the cited case, the protest was dismissed, and the matter was remanded to a single judge sitting in reappraisement for determination of the value of the merchandise in the manner provided by law (28 U. S. C. § 2636 (d)).  