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HORNELL BREWING CO., INC. v. BRADY

No. CV 92-5720 (CBA).

819 F.Supp. 1227 (1993)

HORNELL BREWING CO., INC. and Don Vultaggio, Plaintiffs, v. Nicholas BRADY, as United States Secretary for the Department of the Treasury; the United States Department of the Treasury; Stephen E. Higgins, as Director of the Bureau of Alcohol, Tobacco & Firearms; and William T. Earle, as Chief, Industry Compliance Division for the Bureau of Alcohol, Tobacco & Firearms, Defendants.

United States District Court, E.D. New York.

April 7, 1993.

Attorney(s) appearing for the Case

McDermott, Will & Emery by Lawrence I. Fox, Russell G. Tisman, New York City, and T. Raymond Williams, Nathalie F.P. Gilfoyle, Washington, DC, for plaintiffs.

Stuart M. Gerson, Asst. U.S. Atty. Gen.

Mary Jo White, U.S. Atty., E.D. New York, Brooklyn, NY by Igou Allbray, Asst. U.S. Atty.

Peter S. Modlin, Patricia M. Russotto, Sandra M. Schraiman, Dept. of Justice, Civil Div., Washington, DC, Imelda Koett, Jeanette Slattery, Office of Chief Counsel, Bureau of Alcohol, Tobacco & Firearms, of counsel, for defendants.

ORDER

AMON, District Judge.

This Court has received the Report and Recommendation of United States Magistrate Judge Joan M. Azrack on the parties' cross motions for summary judgment in the above-captioned case. After an exhaustive analysis of the complex issues raised by these motions, Magistrate Judge Azrack recommended granting summary judgment to the plaintiffs on their claim that Public Law 102-393, § 633 was an unconstitutional infringement...

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