Glencoe Distilling Company v. Carl F. White, United States Collector of Customs for Los Angeles

Plaintiff predicated jurisdiction upon Section 10 of the Administrative Procedure Act ( 5 U.S.C.A. § 1009 (c)), granting review of final agency actions for which there is no other adequate remedy in any court. Existence of jurisdiction in the trial court is an issue on this appeal. This court has jurisdiction on appeal pursuant to Title 28 U.S.C. § 1291 .

Appellant filed a complaint in the district court seeking injunctive and declaratory relief against the United States Collector of Customs for Los Angeles, claiming that defendant had in his custody certain brandy, and that he wrongfully refused to release such brandy to plaintiff for bottling, labeling and sale as French brandy. Defendant appellee mov ed to dismiss the complaint on the following grounds:

1. Plaintiff does not have title or legal interest in the product involved in this suit.

2. The complaint fails to state a claim upon which relief can be granted.

3. The court lacks jurisdiction over the subject matter and may not grant the relief prayed for by plaintiff.

4. Plaintiff has failed to join an indispensable party; to wit, Dwight E. Avis, Director of Alcohol & Tobacco Tax Division of the Internal Revenue…