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UNITED WHOLESALE v. HUMPHREY

No. 14630.

203 F.2d 198 (1953)

UNITED WHOLESALE, Inc. v. HUMPHREY, Secretary of the Treasury, et al.

United States Court of Appeals Eighth Circuit.

April 8, 1953.

Attorney(s) appearing for the Case

Harry E. Stevens, Fremont, Neb., and James A. Nanfito, Omaha, Neb. (Paul J. Garrotto, Omaha, Neb., on the brief), for petitioner.

Ralph S. Spritzer, Sp. Asst. to the Atty. Gen. (Edward P. Hodges, Acting Asst. Atty. Gen., Daniel M. Friedman, Sp. Asst. to the Atty. Gen., Lawrence Gochberg, Atty., Department of Justice, and Wallace A. Russell, Atty., Alcohol and Tobacco Tax Legal Division, Bureau of Internal Revenue, Washington, D. C., on the brief), for respondents.

Before SANBORN, RIDDICK, and COLLET, Circuit Judges.

PER CURIAM.

This is a petition to review an order of the District Supervisor, Twelfth Supervisory District, Alcohol and Tobacco Tax Division, Bureau of Internal Revenue, denying the petitioner's application under Section 4 of the Federal Alcohol Administration Act, 49 Stat. 977, 27 U.S.C.A. § 201 et seq., for a liquor wholesaler's basic permit. The order was based upon a finding that the petitioner, if granted the basic permit applied for, "is not likely to maintain...

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