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JOSEPH E. SEAGRAM & SONS, INC. v. DILLON

No. 18465.

344 F.2d 497 (1965)

JOSEPH E. SEAGRAM & SONS, INC., d/b/a Calvert Distilling Co., Appellant v. Honorable Douglas DILLON et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided January 21, 1965.

Petition for Rehearing and Petition for Rehearing Denied April 12, 1965.

Attorney(s) appearing for the Case

Mr. Edmund L. Jones, Washington, D. C., with whom Messrs. C. Frank Reifsnyder and John J. Ross, Washington, D. C., were on the brief, for appellant.

Mr. Gil Zimmerman, Asst. U. S. Atty., with whom Mr. David C. Acheson, U. S. Atty., and Mr. Frank Q. Nebeker, Asst. U. S. Atty., were on the brief, for appellee Dillon and certain other appellees.

Mr. Frank H. Strickler, Washington, D. C., with whom Messrs. John D. McElroy, Wm. Montgomery Smith, and Robert F. Sagle, Washington, D. C., were on the brief, for appellee National Distillers and Chemical Corporation and others.

Mr. George R. Beneman, Washington, D. C., also entered an appearance for appellee National Distillers and Chemical Corp. and others.

Before EDGERTON and PRETTYMAN, Senior Circuit Judges, and BURGER, Circuit Judge.

Petition for Rehearing En Banc and Petition for Rehearing before the Division Denied April 12, 1965.

PER CURIAM.

This case arises under the Federal Alcohol Administration Act. Seagram submitted to the Secretary of the Treasury for his approval a proposed label for a new blended whiskey. The Secretary rejected it, saying that certain language on the label was in violation of the Act and a Regulation. Seagram brought a civil action in the District Court to compel...

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