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FOREMOST SALES PROMOTIONS, INC. v. DIRECTOR, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS

No. 87-2346.

860 F.2d 229 (1988)

FOREMOST SALES PROMOTIONS, INC., an Illinois Corporation, Plaintiff-Appellee, v. DIRECTOR, BUREAU OF ALCOHOL, TOBACCO AND FIREARMS and David R. Chupp, Midwest Regional Regulatory Administrator, Defendants-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided September 23, 1988.

Attorney(s) appearing for the Case

William T. Calbault, Asst. U.S. Atty., Anton R. Valukas, U.S. Atty., Chicago, Ill., for defendants-appellants.

Allen H. Schultz, Schultz & Schultz, Chicago, Ill., for plaintiff-appellee.

Before BAUER, Chief Judge, and CUMMINGS and CUDAHY, Circuit Judges.

CUDAHY, Circuit Judge.

The Bureau of Alcohol, Tobacco and Firearms (the "Bureau") appeals from a summary judgment holding that distributors of alcoholic beverages may pay to have their products included in newspaper advertisements run by Foremost Sales Promotions, Inc. ("Foremost") without violating section 5 of the Federal Alcohol Administration Act (the "FAA Act"). The suit was prompted by the Bureau's enforcement action against a liquor distributor that paid Foremost...

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