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SUNNY VALLEY WINERY v. BERKSHIRE

No. 8, Docket 19862.

159 F.2d 637 (1947)

SUNNY VALLEY WINERY, Inc., v. BERKSHIRE et al.

Circuit Court of Appeals, Second Circuit.

February 7, 1947.

Attorney(s) appearing for the Case

Gabriel Rubino, of New York City, for petitioner-appellant.

Herbert Borkland, Sp. Asst. to Atty. Gen. (Wendell Berge, Asst. Atty. Gen., on the brief), for respondents-appellees.

Before L. HAND, SWAN, and CLARK, Circuit Judges.

CLARK, Circuit Judge.

Petitioner attacks as unsupported by substantial evidence an order of the Deputy Commissioner of the Bureau of Internal Revenue suspending its Wine Producer's and Blender's Basic Permit for having shipped in interstate commerce carbonated wine falsely branded as champagne and sparkling burgundy.1 Carbonated wine is produced very rapidly by injecting carbon dioxide gas directly into bottles of still wine; in champagne...

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