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UNITED STATES v. STATE OF TEX.

No. 81-1597.

695 F.2d 136 (1983)

UNITED STATES of America, Plaintiff-Appellant, v. The STATE OF TEXAS, Texas Alcoholic Beverage Commission and W.S. McBeath, as Administrator of the Texas Alcoholic Beverage Commission, Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

As Amended on Denial of Rehearing and Rehearing March 17, 1983.

Attorney(s) appearing for the Case

Glenn L. Archer, Jr., Asst. Atty. Gen., Tax Div., Michael L. Paup, Chief, Appellate Sec., Richard Farber, Steven I. Frahm, Ernest J. Brown, Attys., U.S. Dept. of Justice, Washington, D.C., for plaintiff-appellant.

Gilbert J. Bernal, Jr., Asst. Atty. Gen., Austin, Tex., for State of Tex.

Clark, Thomas Winters & Shapiro, Mary Joe Carroll, Austin, Tex., for Licensed Distributors, Inc.

Before BROWN, GEE and JOLLY, Circuit Judges.

As Amended on Denial of Rehearing and Rehearing En Banc March 17, 1983.

GEE, Circuit Judge:

INTRODUCTION.

The Texas Alcoholic Beverage Code incorporates a three tiered regulatory scheme embracing (1) nonresident sellers, (2) resident wholesalers and (3) resident retailers of distilled alcoholic beverages. Each is required to obtain a permit for the activity to be conducted. Tex.Alco.Bev.Code Ann., §...

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