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WINE INDUSTRY OF FLORIDA, INC. v. MILLER

No. 79-1742.

609 F.2d 1167 (1980)

WINE INDUSTRY OF FLORIDA, INC., et al., Plaintiffs-Appellants, v. G. William MILLER, Secretary, United States Department of the Treasury, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

January 15, 1980.

Attorney(s) appearing for the Case

Wilbur E. Brewton, J. Riley Davis, Tallahassee, Fla., for plaintiffs-appellants.

J. Worth Owen, Asst. U. S. Atty., Tallahassee, Fla., Arnold Yorra, Attorney for Alcohol, Tobacco & Firearms, Atlanta, Ga., for defendants-appellees.

Before THORNBERRY, CHARLES CLARK and KRAVITCH, Circuit Judges.

KRAVITCH, Circuit Judge.

This case involves the Twenty-first Amendment,1 27 U.S.C. § 205(b)(3),2 Alcohol, Tobacco and Firearm (ATF) Rule 77-4,3 and Fla.Stat.Ann. § 561.424,4 or, more particularly, the relationship between those provisions. Wine Industry of Florida, Inc. (WIF) contends that because...

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