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ADOLPH COORS CO. v. BENTSEN

No. 92-1348.

2 F.3d 355 (1993)

ADOLPH COORS COMPANY, Plaintiff-Appellee, v. Lloyd BENTSEN, in his official capacity as Secretary of the United States Department of Treasury; and Steve Higgins, in his official capacity as Director of the Bureau of Alcohol, Tobacco and Firearms, Defendants-Appellants, and Speaker and Bipartisan Leadership of the U.S. House of Representatives, Intervenor-Defendant.

United States Court of Appeals, Tenth Circuit.

August 23, 1993.

Attorney(s) appearing for the Case

John S. Koppel (Stuart M. Gerson, Asst. Atty. Gen., and Stuart E. Schiffer, Acting Asst. Atty. Gen., Dept. of Justice, Washington, DC, Michael J. Norton, U.S. Atty., Denver, CO, and Michael Jay Singer, Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, DC, with him on the briefs), Atty., Appellate Staff, Civ. Div., Dept. of Justice, Washington, DC, for defendants-appellants.

K. Preston Oade (Jim M. Hansen, of Bradley, Campbell, Carney & Madsen, Professional Corp., Golden, CO, with him on the brief), of Bradley, Campbell, Carney & Madsen, Professional Corp., Golden, CO, for plaintiff-appellee.

Before TACHA and BARRETT, Circuit Judges, and BROWN, District Judge.

TACHA, Circuit Judge.

Appellants (collectively referred to as the "Government") appeal a district order declaring the portion of 27 U.S.C. § 205(e)(2) which prohibits statements of alcohol content on malt beverage labels to be an unconstitutional restraint on commercial speech in violation of the First Amendment. The Government also appeals the court's order enjoining the Government from enforcing that provision. We exercise jurisdiction under 28 U.S.C. §...

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