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CAPITOL WINE & SPIRIT CORPORATION v. BERKSHIRE

No. 130.

150 F.2d 619 (1945)

CAPITOL WINE & SPIRIT CORPORATION v. BERKSHIRE, Deputy Com'r of Internal Revenue, et al.

Circuit Court of Appeals, Second Circuit.

July 16, 1945.

Attorney(s) appearing for the Case

Harry G. Herman, of New York City, and R. E. Joyce, of Washington, D. C., for petitioner.

Herbert Borkland and Matthias N. Orfield, Sp. Assts. to Atty. Gen., for respondents.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

Capitol Wine & Spirit Corporation, a New York corporation organized in 1933, has engaged in the business of importing and selling intoxicating liquors. In 1934 it obtained an importer's basic permit issued by the Administrator of the Federal Alcohol Control Administration and a wholesaler's basic permit issued by the Wholesaler's Code Authority under the National Industrial Recovery Act, 48 Stat. 195. In 1935 Congress passed the Federal Alcohol...

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