CONTINENTAL DISTILLING CORPORATION, a corporation,
v.
Honorable George P. SHULTZ, Individually, and as Secretary of the Treasury of the United States of America, et al., Appellants.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 25, 1972.
Decided December 29, 1972.
Attorney(s) appearing for the Case
Mr. Carl D. Lawson, Atty., Dept. of Justice, of the bar of the Supreme Court of California, pro hac vice, by special leave of Court for appellants. Messrs. Harold H. Titus, Jr., U.S. Atty., Howard E. Shapiro, Lee A. Rau, Attys., Dept. of Justice, were on the brief for appellants. Mr. Morton Hollander, Atty., Dept. of Justice, also entered an appearance for appellants.
Mr. Willis B. Snell, Washington, D.C., with whom Messrs. William H. Smith and Michael L. Denger, Washington, D.C., were on the brief for appellee.
Messrs. Robert F. Sagle, Washington, D.C., John D. McElroy, New York City, and Abraham Tunick, Washington, D.C. filed a brief on behalf of Schenley Industries, Inc., et al. as amici curiae, urging reversal.
Before FAHY, Senior Circuit Judge, and ROBINSON and MacKINNON, Circuit Judges.
United States Court of Appeals, District of Columbia Circuit.
FAHY, Senior Circuit Judge:
Prior to July 1, 1972, domestic whisky, aged in used oak casks, i. e., reused cooperage, was required to be marketed with a label which advised that it had been aged in that manner, for the number of years also indicated.1 The regulations so providing had been promulgated under the labeling provisions of the Federal Alcohol Administration Act.2 This Act is administered under...
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