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GIBSON WINE CO. v. SNYDER

No. 2688-50.

95 F.Supp. 145 (1950)

GIBSON WINE CO., Inc. v. SNYDER, Secretary of the Treasury, et al.

United States District Court District of Columbia.

December 14, 1950.

Attorney(s) appearing for the Case

Frank M. Ludwick, John E. O'Neill, Washington, D. C., for plaintiff.

Herbert A. Bergson, Herbert Borkland, Wallace A. Russell, John J. Donnelly, Jr., Victor Altman and Stafford Grady all of Washington, D. C., for defendants.

Manuel Davis and Theodore Jaffe, New York City, for intervenors.

MATTHEWS, District Judge.

The plaintiff corporation has been making wine from boysenberries and labeling it blackberry wine. Under the Federal Alcohol Administration Act it is unlawful to sell wine in interstate commerce unless labeled according to regulations duly promulgated by the Deputy Commissioner of Internal Revenue of the United States.1 This case arises under such a regulation reading in part:

Fruit wine derived wholly...

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