CENTER FOR SCIENCE IN THE PUBLIC INTEREST, et al.
v.
Donald T. REGAN, Secretary of the Treasury, et al.,
Wine Institute, Appellant.
CENTER FOR SCIENCE IN THE PUBLIC INTEREST, et al.
v.
Donald T. REGAN, Secretary of the Treasury, et al.,
Distilled Spirits Council of the United States, Inc., Appellant.
CENTER FOR SCIENCE IN THE PUBLIC INTEREST, et al.
v.
Donald T. REGAN, Secretary of the Treasury, et al., Appellants,
Wine Institute, et al.
United States Court of Appeals, District of Columbia Circuit.https://leagle.com/images/logo.png
Argued October 26, 1983.
Decided February 7, 1984.
As Amended March 1, 1984.
Attorney(s) appearing for the Case
Michael F. Hertz, Atty., Dept. of Justice, Washington, D.C., with whom J. Paul McGrath, Asst. Atty. Gen., Stanley S. Harris, U.S. Atty., Washington, D.C. (at the time the brief was filed), and Marleigh D. Dover, Atty., Dept. of Justice, Washington, D.C., were on the brief, for Regan, Secretary of the Treasury, et al., appellants in 83-1421 and appellees in 83-1419 and 83-1420. Robert E. Kapp, Atty., Dept. of Justice, Washington, D.C., entered an appearance for Regan, Secretary of the Treasury, et al.
Paul L. Friedman, Washington, D.C., with whom Charles N. Brower, Robert G. Berger, and Lawrence B. Gotlieb, Washington, D.C., were on the brief, for Distilled Spirits Council of the U.S., Inc., appellant in 83-1420 and appellee in 83-1419 and 83-1421.
Arnold M. Lerman, Roger M. Witten, and Kevin Eugene Smith, Washington, D.C., were on the brief for Wine Institute, appellant in 83-1419 and appellee in 83-1420 and 83-1421.
Bruce Silverglade, Washington, D.C., with whom Mitchell Zeller, Washington, D.C., was on the brief, for Center for Science in the Public Interest, appellee in 83-1419, 83-1420 and 83-1421.
Walter G. Ricciardi, Washington, D.C., entered an appearance for Banfi Products Corp., appellee in 83-1419, 83-1420 and 83-1421.
Before WRIGHT and TAMM, Circuit Judges, and MacKINNON, Senior Circuit Judge.
United States Court of Appeals, District of Columbia Circuit.
Opinion for the Court filed by Senior Circuit Judge MacKINNON.
Dissenting opinion filed by Circuit Judge J. SKELLY WRIGHT.
MacKINNON, Senior Circuit Judge:
This case involves a rule and two subsequent rescissory rules. The district court held the first rescissory rule to be invalid because the agency did not provide an adequate explanation for the rescission of the initial rule. After the present appeals were taken from the decision of the district...
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