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WHITE v. UNITED STATES

No. 17281.

355 F.2d 58 (1966)

L. E. WHITE, M. Donahue and William L. Talbot, Administrator of Thomas F. Talbot Estate, a Partnership, t/a Humes Distributing Co., Petitioners, v. UNITED STATES of America, Respondent.

United States Court of Appeals Eighth Circuit.

January 19, 1966.

Attorney(s) appearing for the Case

Robert H. Walker, J. A. Concannon and David B. Hendrickson, of Boyd, Walker & Concannon, Keokuk, Iowa, filed supplemental brief for petitioners.

William H. Orrick, Jr., Asst. Atty. Gen., and Robert B. Hummel and Jerry Z. Pruzansky, Attys., Dept. of Justice, and William Hare, Atty., Alcohol and Tobacco Tax Legal Division, Office of Chief Counsel, I.R.S., Washington, D. C., filed supplemental brief for respondent.

Before JOHNSEN, MATTHES and MEHAFFY, Circuit Judges.

JOHNSEN, Circuit Judge.

This proceeding for review, 27 U.S. C.A. § 204(h), of an order annulling a malt beverage wholesaler's basic permit, § 204(e) (3), issued to an Iowa partnership, has been the subject of a previous opinion by us, 342 F.2d 481.

We there overruled objection by the Secretary of the Treasury to our jurisdiction to review the order, but vacated the submission...

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