CERTIORARI DENIED BY SUPREME COURT DeFremery & Co. v. United States, 31 C. C. P. A. (Customs) 83; 321 U. S. 782. Jacksonville Paper Co., a corporation, v. United States, 30 C. C. P. A. (Customs) 159; 320 U. S. 737. Rathjen Brothers, United States v., 31 C. C. P. A. (Customs) 70; 320 U. S. 797. Schenley Import Corp., United States v., 31 C. C. P. A. (Customs) 74; 320 U. S. 782. The PRESIDING JUDGE: MAY 1, 1944. On April 20th last Judge Irvine L. Lenroot transmitted to the President of the United States his resignation as an Associate Judge of the United States Court of Customs and Patent Appeals, to become effective April 30, 1944. His action was taken in conformity with Title 28, section 375, of the U. S. Code. Under date of April 26, Judge Lenroot, by letter, formally advised the court of his action and enclosed for the court records a copy of his letter of resignation. Response to Judge Lenroot's letter to the court was made on the court's behalf by the Presiding Judge under date of April 27th. It is ordered that these several letters be placed in the archives of the court and entered upon the minutes of today's proceedings; also, that they be published in our volumes of opinion reports. Honorable FINIS J. GARRETT, APRIL 26, 1944. Presiding Judge, U. S. Court of Customs and Patent Appeals, MY DEAR JUDGE GARRETT: For the official records of the court I enclose herewith copy of my resignation as associate judge of the court, the original of which I have sent to the President. In this connection, I wish to express in this formal way my very great appreciation of the unfailing courtesy and good will which you and the other members of the court have always shown to me, and which I shall cherish as long as I live. While my resignation means a severance of our official relations, 1 am sure that our personal relations, and the friendships formed, will continue as long as I live. With all best wishes for the future of the court, and the health and happiness of every member thereof. Faithfully yours, IRVINE L. LENROOT. XIII APRIL 20, 1944. The PRESIDENT, The White House, Washington, D. C. DEAR MR. PRESIDENT: Having attained the age of 75 years, and having continuously served as an Associate Judge of the United States Court of Customs and Patent Appeals since May 20, 1929, I desire to avail myself of the privileges of Title 28, Section 375, United States Code, relating to the resignation and retirement of judges of courts of the United States. Accordingly, I hereby present my resignation from such office, to become effective on April 30, 1944. Respectfully, IRVINE L. LENROOT. APRIL 27, 1944. DEAR JUDGE LENROOT: I have your letter of the 26th instant with which you enclose for the official court records a copy of your letter of the 20th instant, addressed to the President of the United States, tendering your resignation as Associate Judge of the United States Court of Customs and Patent Appeals, effective April 30, 1944. Your resignation has brought to those of us who remain with the court a deep sense of regret which is both official and personal in character. Your assiduous attention to the labors of the court and the great ability with which you have discharged the duties incumbent upon a judge have been fully recognized and profoundly appreciated by all of us. We also have fully recognized and profoundly appreciated your uniform courtesy officially and socially. As you depart, it is the desire of my associates and myself to convey to you the assurances of our high esteem and best wishes for your future health and happiness. Sincerely, (Signed) FINIS J. GARRETT, Presiding Judge, U. S. Court Honorable IRVINE L. LENROOT, of Customs and Patent Appeals. Judge, U. S. Court of Customs and Patent Appeals. CASES ADJUDGED IN UNITED STATES COURT OF CUSTOMS AND PATENT APPEALS UNITED STATES V. BOYLE MFG. CO., INC. (No. 4380) 1 1. DRAWBACK-EVIDENCE. 1 Upon the record presented, the trial court was warranted in holding that appellee was entitled to drawback on 960 of the 1,060 drums covered by the protest. In arriving at this conclusion, the trial court had no direct evidence that the drawback drums were loaded after the hour at which the notice of intent to export became effective, but the inference drawn from the facts of record fairly supports its conclusion. 2. EVIDENCE. That a finding may be based upon inferences drawn from established facts is well established. See 32 C. J. S., section 1042. United States Court of Customs and Patent Appeals, May 3, 1943 APPEAL from United States Customs Court, C. D. 552 [Affirmed.] Paul P. Rao, Assistant Attorney General (Richard F. Weeks and Jeeph F. Donohue, special attorneys, of counsel) for the United States. Lawrence & Tuttle (George R. Tuttle of counsel) for appellee. [Oral argument April 7, 1943, by Mr. Donohue and Mr. Tuttle] Before GARRETT, Presiding Judge, and BLAND, HATFIELD, LENROOT, and JACKSON, Associate Judges LENROOT, Judge, delivered the opinion of the court: In this case the United States has appealed from a judgment of the United States Customs Court (First Division) adjudging that appellee is entitled to recover drawback on 960 metal drums exported from the United States to Australia in May 1937. The drums had been manufactured in the United States by appellee from imported material upon which duty had been paid. Drawback was claimed by appellee on 1,060 drums under the provisions of section 313 (a) of the Tariff Act of 1930. Said section 313 (a) reads as follows: 1 C. A. D. 240. 1 |