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VALDOSTA DISTRIBUTING COMPANY v. SERR

No. 23528.

375 F.2d 770 (1967)

VALDOSTA DISTRIBUTING COMPANY, Inc., d/b/a Central Distributors, Petitioner, v. Harold A. SERR, Director, Alcohol and Tobacco Tax Division, Internal Revenue Service, Treasury Department, and United States of America, Respondents.

United States Court of Appeals Fifth Circuit.

April 17, 1967.

Attorney(s) appearing for the Case

Asa D. Kelley, Jr., Albany, Ga., Alvin O. West, Washington, D. C., Smith, Gardner, Kelley & Wiggins, Albany, Ga., for petitioner.

John T. Marshall, Howard E. Shapiro, Richard A. Wegman, Attys., Dept. of Justice, Washington, D. C., Donald F. Turner, Asst. Atty. Gen., Marvin J. Dessler, Atty., Alcohol and Tobacco Tax Legal Division Office of Chief Counsel, Internal Revenue Service, for respondent.

Before TUTTLE, Chief Judge, AINSWORTH, Circuit Judge, and FULTON, District Judge.

PER CURIAM:

This is a petition for review of an order of the Director of Alcohol and Tobacco Tax Division, Internal Revenue Service, reversing the initial decision of hearing examiner and ordering the annulment of petitioner's basic permit as a wholesale dealer and distributor in distilled spirits and wine. The order annulling the permit was based upon a finding by the director that "the permit was procured through fraud or misrepresentation or concealment of a material...

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