UNITED STATES v. FULTON DISTILLERY, INC.

No. 76-1380.

571 F.2d 923 (1978)

UNITED STATES of America, Plaintiff-Appellee, v. FULTON DISTILLERY, INC., Defendant, Highlands Insurance Company, Defendant-Appellant. SAFECO INSURANCE COMPANY OF AMERICA, Defendant-Appellee, v. WATERFILL & FRAZIER, INC., Canco, Inc. and Waterfill Land Company, Inc., Third-Party Defendants.

United States Court of Appeals, Fifth Circuit.

April 21, 1978.


Attorney(s) appearing for the Case

Albert E. Phillips, George Reid, Atlanta, Ga., for defendant-appellant.

William L. Harper, U. S. Atty., Atlanta, Ga., Scott P. Crampton, Asst. Atty. Gen., Tax Div., Dept. of Justice, Chief, Appellate Section, Gilbert E. Andrews, Gary R. Allen, M. Carr Ferguson, Asst. Attys. Gen., Tax Div., Dept. of Justice, Washington, D. C., for United States.

John M. Bovis, Atlanta, Ga., for Safeco Ins. Co.

Wynette J. Hewett, Washington, D. C., for other interested parties.

Before BROWN, Chief Judge, GEWIN and TJOFLAT, Circuit Judges.


JOHN R. BROWN, Chief Judge:

Fulton Distillery, Inc. (Fulton) engages in the spirited business of distilling liquor. To satisfy Bureau of Alcohol, Tobacco and Firearms (ATF) requirements for assurance of payment of excise taxes, Fulton obtained two surety bonds. After four of Fulton's excise tax payment checks were dishonored the Government demanded payment from Fulton and its surety, Highlands Insurance Co. (Highlands) and Safeco Insurance Co. (Safeco), but the taxes...

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