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NATIONAL DISTRIBUTING CO. v. U. S. TREASURY DEPT.

No. 78-2303.

626 F.2d 997 (1980)

NATIONAL DISTRIBUTING COMPANY, INC., d/b/a Consolidated Seaboard Distributors, Petitioner, v. UNITED STATES TREASURY DEPARTMENT, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided April 22, 1980.

Attorney(s) appearing for the Case

Abraham M. Buchman, Washington, D.C., a member of the bar of the District of Columbia Court of Appeals, pro hac vice, by special leave of court, with whom John W. Coggins, Washington, D.C., was on brief, for petitioner.

Ron Landsman, Atty., Dept. of Justice, Washington, D.C., with whom John J. Powers, III and Michael J. Pugh, Attys., Dept. of Justice, Washington, D.C., were on brief, for respondent. J. Mark Manner and Robert B. Nicholson, Attys., Dept. of Justice, Washington, D.C., also entered appearances for respondent.

Before WRIGHT, Chief Judge, ROBB, Circuit Judge, and CORCORAN, Senior District Judge.

Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.

J. SKELLY WRIGHT, Chief Judge:

This case raises the question whether the so-called "tied house" provision of the Federal Alcohol Administration Act, Section 5(b), 27 U.S.C. § 205(b) (1976), prohibits the sale of wine by a wholesaler at a price substantially below cost, pursuant to a published price offer valid throughout a sales area, where the purchaser makes no agreement, express or implied...

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