CONTINENTAL DISTILLING CORPORATION v. HUMPHREY

No. 13469.

247 F.2d 796 (1957)

CONTINENTAL DISTILLING CORPORATION, Appellant, v. George M. HUMPHREY et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided July 3, 1957.

Petition for Rehearing Denied October 10, 1957.


Attorney(s) appearing for the Case

Mr. F. Joseph Donohue, Washington, D. C., with whom Mr. Abraham S. Goldstein, Washington, D. C., was on the brief, for appellant. Mr. Thomas E. Lodge, Washington, D. C., also entered an appearance for appellant.

Mr. Harold H. Greene, Asst. U. S. Atty., with whom Messrs. Oliver Gasch, U. S. Atty., Lewis Carroll, Asst. U. S. Atty., and Wallace A. Russell, Asst. Head, Alcohol and Tobacco Tax Legal Division, Internal Revenue Service, were on the brief, for appellees.

Mr. Frederic P. Lee, Washington, D. C., filed a brief on behalf of Anderson County Distilling Co., Inc., et al., as amicus curiae, urging affirmance.

Before EDGERTON, Chief Judge, and FAHY and WASHINGTON, Circuit Judges.


WASHINGTON, Circuit Judge.

This suit was brought in the District Court to challenge administrative rulings as to the required labeling of appellant's whiskey.

The question on this appeal is whether the record evidence compels the conclusion, contrary to the District Court's view, that the defendants-appellees have arbitrarily and unreasonably discriminated against the appellant Continental in applying to it a general regulation1

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