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MILTON S. KRONHEIM & CO. v. DISTRICT OF COLUMBIA

Nos. 95-7053, 95-7168.

91 F.3d 193 (1996)

MILTON S. KRONHEIM & COMPANY, INC., Appellee, v. DISTRICT OF COLUMBIA, et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided August 9, 1996.

Attorney(s) appearing for the Case

James C. McKay, Jr., Assistant Corporation Counsel, argued the cause for appellants, with whom Garland Pinkston, Jr., Acting Corporation Counsel, and Charles L. Reischel, Deputy Corporation Counsel, were on the briefs.

Bradford A. Berenson, Washington, D.C., argued the cause for appellee, with whom Mark D. Hopson was on the brief.

Nathalie P. Gilfoyle, Washington, D.C., was on the brief for amicus curiae Quality Brands, Inc.

Before: SILBERMAN, SENTELLE and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge SENTELLE.

Separate concurring opinion filed by Circuit Judge SILBERMAN.

Separate dissenting opinion filed by Circuit Judge HENDERSON.

SENTELLE, Circuit Judge:

The District of Columbia appeals from an order of the United States District Court preliminarily and permanently enjoining it from enforcing the Storage Act, D.C.Code § 25-114(f), which generally forbids alcoholic beverage licensees from...

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