ADOLPH COORS CO. v. BRADY

Nos. 89-1203, 89-1239.

944 F.2d 1543 (1991)

ADOLPH COORS COMPANY, Plaintiff-Appellee, v. Nicholas BRADY, in his official capacity as Secretary of the United States Department of the Treasury; Steve Higgins, in his official capacity as Director, Bureau of Alcohol, Tobacco and Firearms, Defendants-Appellants, and Speaker and Bipartisan Leadership Group of the United States House of Representatives, Intervenor-Defendant-Appellant, Center for Science in the Public Interest; G. Heileman Brewing Company, Amicus Curiae.

United States Court of Appeals, Tenth Circuit.

September 23, 1991.


Attorney(s) appearing for the Case

John S. Koppel, Atty., Dept. of Justice, Washington, D.C. (Stuart M. Gerson, Asst. Atty. Gen., Washington, D.C., Michael J. Norton, U.S. Atty., Denver, Colo., John F. Cordes and Michael J. Singer, Attys., Dept. of Justice, Washington, D.C., with him on the briefs), for defendants-appellants.

Steven R. Ross, General Counsel to the Clerk (Charles Tiefer, Deputy General Counsel to the Clerk, Michael L. Murray, Sr. Asst. Counsel to the Clerk, Robert Michael Long, Asst. Counsel to the Clerk, Janina Jaruzelski, Asst. Counsel to the Clerk), U.S. House of Representatives, Washington, D.C., for intervenor-defendant-appellant.

K. Preston Oade, Jr. (Thomas J. Carney and Linda Gavit, with him on the brief), of Broadley, Campbell, Carney & Madsen, Golden, Colo., for plaintiff-appellee.

Bruce Silverglade of Center for Science in the Public Interest, Washington, D.C., filed a brief as amicus curiae.

Reid L. Ashinoff of Ashinoff, Ross & Korff, New York City, Randy J. Smith of G. Heilemen Brewing Co., Inc., and Joseph E. Meyer, III, and Erin K. Toll of Pendleton & Sabian, P.C., Denver, Colo., filed a brief for amicus curiae G. Heilmen Brewing Co., Inc.

Before McKAY, McWILLIAMS and SEYMOUR, Circuit Judges.


SEYMOUR, Circuit Judge.

Nicholas Brady, Secretary of the Treasury, et al. (the Treasury), and intervenors Speaker and Bipartisan Leadership Group of the United States House of Representatives (the House), appeal the district court's grant of summary judgment in favor of Adolph Coors Co. (Coors). The district court ruled that 27 U.S.C. §§ 205(e) and 205(f) (1988), which prohibit the disclosure of alcohol content information in advertising or labeling...

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