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GIBSON WINE CO. v. SNYDER

No. 10978.

194 F.2d 329 (1952)

GIBSON WINE CO., Inc. v. SNYDER et al.

United States Court of Appeals District of Columbia Circuit.

Decided January 10, 1952.

Attorney(s) appearing for the Case

Frederic P. Lee, Washington, D. C., for appellant.

John J. Donnelly, Jr., Sp. Asst. to Atty. Gen., with whom Asst. Atty. Gen. H. G. Morison and Wallace A. Russell, Attorney, Bureau of Internal Revenue, Washington, D. C., were on the brief, for appellees John W. Snyder, Secretary of the Treasury, et al.

Theodore Jaffe and Manuel J. Davis, Washington, D. C., entered appearances for appellees Honeywood Distilleries, Inc., et al.

Before WILBUR K. MILLER, PRETTYMAN and BAZELON, Circuit Judges.

PRETTYMAN, Circuit Judge.

The Gibson Wine Company, Inc., is a California corporation which produces, bottles and distributes wine pursuant to a basic permit issued under the Federal Alcohol Administration Act.1 Regulations duly promulgated under the Act2 have since 1938 contained the following provision:3

"(5) Fruit wine derived wholly (except for sugar, water, or added...

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