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DISTILLED BRANDS v. DUNIGAN

No. 236, Docket 23146.

222 F.2d 867 (1955)

DISTILLED BRANDS, Inc., Petitioner, v. W. E. DUNIGAN, Assistant Regional Commissioner, Respondent.

United States Court of Appeals Second Circuit.

Decided May 25, 1955.

Attorney(s) appearing for the Case

Menahem Stim, New York City (Curran, Mahoney, Cohn & Stim and John M. Foley, New York City, on the brief), for petitioner.

John Bodner, Jr., Atty., Dept. of Justice, Washington, D. C. (Stanley N. Barnes, Asst. Atty. Gen., Daniel M. Friedman, Sp. Asst. to Atty. Gen., and Charles R. W. Smith, Atty., Alcohol and Tobacco Tax Legal Division, Office of the Chief Counsel, Internal Revenue Service, Washington, D. C., on the brief), for respondent.

Before CLARK, Chief Judge, and FRANK and STALEY, Circuit Judges.

CLARK, Chief Judge.

This appeal concerns the legality of tie-in sales of alcoholic beverages by a wholesaler to a group of independent retailers. In the early part of 1951, petitioner, a wholesaler and distributor, was able to procure from its importer a package deal involving scotch whiskey, then much in demand, and rum, which was more plentiful and hence less salable. Determined to sell this liquor in the same way as it had received it, petitioner made the whiskey...

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