Legal Opinion
Wine Industry of Florida, Inc. v. G. William Miller, Secretary, United States Department of the Treasury
Court of Appeals for the Fifth Circuit
Decided January 15, 1980No. 79-1742PublishedCited by 6 opinions
1Opinion of the Court
KRAVITCH, Circuit Judge.
This case involves the Twenty-first Amendment, 1 27 U.S.C. § 205(b)(3), 2 Alcohol, Tobacco and Firearm (ATF) Rule 77-4, 3 and Fla.Stat.Ann. § 561.424, 4 or, more par ticularly, the relationship between those provisions. Wine Industry of Florida, Inc. (WIF) contends that because of the Florida statute and section two of the Twenty-first Amendment, ATF Rule 77-4 is unconstitutional. Agreeing with the Treasury Department, the District Court for the Northern District of Florida held that because Fla.Stat.Ann. § 561.424 and ATF Rule 77-4 do not necessarily conflict, the ATF…
2Cases cited16 opinions
- California v. LaRueSupreme Court of the United States · 1973
- Joseph E. Seagram & Sons, Inc. v. HostetterSupreme Court of the United States · 1966
- Hostetter v. Idlewild Bon Voyage Liquor Corp.Supreme Court of the United States · 1964
- United States v. Frankfort Distilleries, Inc.Supreme Court of the United States · 1945
- Ziffrin, Inc. v. ReevesSupreme Court of the United States · 1939
11 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Actmedia, Inc. v. StrohCourt of Appeals for the Ninth Circuit · 1986
- Goldstein v. MillerDistrict Court, D. Maryland · 1980
- S.A. Discount Liquor, Inc. v. Texas Alcoholic Beverage CommissionCourt of Appeals for the Fifth Circuit · 1983
- Stein Distributing Company, Inc. v. Department of the Treasury Bureau of Alcohol, Tobacco & FirearmsCourt of Appeals for the Ninth Circuit · 1986
- Actmedia, Inc. v. Jay StrohCourt of Appeals for the Ninth Circuit · 1986
1 more not listed; retrieve them via the Exa API.