WAWSZKIEWICZ v. DEPARTMENT OF TREASURY

Nos. 80-1086, 80-1137 and 80-1244.

670 F.2d 296 (1981)

Edward J. WAWSZKIEWICZ, et al. v. DEPARTMENT OF the TREASURY, et al., Appellants. Edward J. WAWSZKIEWICZ, et al., Appellants, v. DEPARTMENT OF the TREASURY, et al. Edward J. WAWSZKIEWICZ, et al. v. DEPARTMENT OF the TREASURY, et al. The Wine Institute, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided December 22, 1981.


Attorney(s) appearing for the Case

Susan A. Ehrlich, Atty., Dept. of Justice, Washington, D.C., with whom Alice Daniel, Asst. Atty. Gen., Charles F. C. Ruff, U. S. Atty. and William Kanter, Atty., Dept. of Justice, Washington, D.C., were on the brief, for Department of the Treasury, et al., appellants in No. 80-1086 and cross-appellees in Nos. 80-1137 and 80-1244.

R. Frederic Fisher, San Francisco, Cal., with whom Harold E. Mesirow, Washington, D.C., was on the brief, for Edward J. Wawszkiewicz, et al., appellees in Nos. 80-1086 and 80-1244 and cross-appellants in No. 80-1137.

Arnold M. Lerman, Roger M. Witten, John F. Cooney and Phoebe H. Northcross, Washington, D.C., were on the brief, for Wine Institute, appellant in No. 80-1244, amicus curiae in No. 80-1086, urging reversal, and amicus curiae in No. 80-1137, urging affirmance.

Paula W. Gold, Atty., Dept. of the Atty. Gen., Commonwealth of Mass., Boston, Mass., was on the brief, for the Atty. Gen. of the Commonwealth of Mass., amicus curiae in Nos. 80-1086, 80-1137 and 80-1244, urging affirmance.

Thomas F. Olson and Lillian S. Shek, Sacramento, Cal., were on the brief, for California Farm Bureau Federation, amicus curiae in Nos. 80-1086 and 80-1137, urging reversal.

Before ROBINSON, Chief Judge, McGOWAN, Senior Circuit Judge, and EDWARDS, Circuit Judge.


Opinion PER CURIAM.

PER CURIAM:

These appeals question the validity of four regulations promulgated by the Treasury Department's Bureau of Alcohol, Tobacco and Firearms in an effort to set standards for labeling and advertising grape wine. Intensive study of these rules satisfies us that one is well buttressed by the record, and accordingly we uphold it. The other three, we find, are bereft of support either in evidence or logic, and these we remand to the...

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