NORDBYE, Chief Judge.
These actions came before the Court on the motions of the various defendants to dismiss the indictments against them.
The indictments are based upon 26 U.S.C. § 2871, which authorizes the Secretary of the Treasury "whenever in his judgment such action is necessary to protect the revenue [italics supplied] * * * (1) to regulate the size, branding, marking, sale, resale, possession, use, and re-use of containers (of a capacity...
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