GLASS PACKAGING INSTITUTE v. REGAN

No. 83-1390.

737 F.2d 1083 (1984)

GLASS PACKAGING INSTITUTE, et al., Appellants v. Donald T. REGAN, Secretary of the Treasury, et al.

United States Court of Appeals, District of Columbia Circuit.

Decided June 8, 1984.

As Amended July 6, 1984.


Attorney(s) appearing for the Case

Michael S. Kelley, Washington, D.C., with whom Miles W. Kirkpatrick, Caswell O. Hobbs, III, Janine Sweeney Frias and Scott Stempel, Washington, D.C., were on the brief for appellants. Howard T. Weir, Washington, D.C., also entered an appearance.

Joseph W. LoBue, Asst. U.S. Atty., with whom Stanley S. Harris, U.S. Atty., Royce C. Lamberth, R. Craig Lawrence and Michael J. Ryan, Asst. U.S. Attys., and Robert M. Tobias, Atty., Bureau of Alcohol, Tobacco and Firearms, Washington, D.C., were on the brief, for appellees Regan, Secretary of Treasury, et al. Lee S. Strickland, Asst. U.S. Atty., Washington, D.C., also entered an appearance.

Jerome H. Heckman, Washington, D.C., with whom John B. Dubeck, Peter L. de la Cruz and Ilene R. Heller, Washington, D.C., were on the brief for appellee Society of Plastics Industry, Inc.

Before WILKEY and GINSBURG, Circuit Judges, and MacKINNON, Senior Circuit Judge.


Opinion for the Court filed by Circuit Judge WILKEY.

WILKEY, Circuit Judge:

The Glass Packaging Institute, a trade association of glass bottle manufacturers, and its president, William W. Sadd, brought this suit to block a decision by the Bureau of Alcohol, Tobacco and Firearms permitting liquor to be packaged and sold in plastic polyethylene terephthalate bottles. The plaintiffs argue that this administrative ruling is unlawful because it was promulgated...

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