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GOLDSTEIN v. MILLER

Civ. Nos. K-79-2163, K-79-2164.

488 F.Supp. 156 (1980)

Louis L. GOLDSTEIN, Comptroller of the Treasury of the State of Maryland; and State of Maryland v. G. William MILLER, Secretary of the Treasury; and G. R. Dickerson, Director of the Bureau of Alcohol, Tobacco and Firearms. The OVERBROOK EGG NOG CORPORATION, a Maryland Corporation; and Heublein, Inc., a Connecticut Corporation v. G. William MILLER, Secretary of the Treasury; and G. R. Dickerson, Director of the Bureau of Alcohol, Tobacco and Firearms.

United States District Court, D. Maryland.

On Motions For Injunction Pending Appeal April 25, 1980.

Attorney(s) appearing for the Case

Stephen H. Sachs, Atty. Gen. of Maryland, and Gerald Langbaum, Asst. Atty. Gen., Baltimore, Md., for plaintiffs in Civil No. K-79-2163.

Steve G. Gilden, and Wartzman, Rombro, Rudd & Omansky, P. A., Baltimore, Md., for plaintiff The Overbrook Egg Nog Corp.

Morton Siegel, Chicago, Ill., and Harold V. Gorman, Jr., Hartford, Conn., for plaintiff Heublein, Inc., in Civil No. K-79-2164.

Alice Daniel, Acting Asst. Atty. Gen., Washington, D. C., Russell T. Baker, Jr., U. S. Atty., Ellen Lipton Hollander, Asst. U. S. Atty., Baltimore, Md., William P. Arnold and Sandra M. Schraibman, Attys., Department of Justice, Washington, D. C., for defendants.

FRANK A. KAUFMAN, District Judge.

These two cases present the question of whether the federal government acting pursuant to its taxing power may restrict, by federal regulation, the number of bottle sizes which may be used in bottling distilled spirits in Maryland for sale within Maryland's borders. Plaintiffs in Civil No. K-79-2163 are the Comptroller of the Treasury of the State of Maryland and the State itself. Plaintiffs in Civil No. K-79-2164 are The Overbrook...

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