Doran

This is an action by the California Wine Association, by which plaintiff seeks to restrain the Commissioner of Prohibition and the administrator for this district from illegally refusing to issue a permit for the withdrawal and sale of certain red and white sparkling wines for sacramental and religious purposes. The bill asks a temporary as well as a permanent injunction. A motion to dismiss, on the ground that the bill does not state a cause of action, has been interposed on behalf of the Commissioner and the administrator. A motion is also made on behalf of the Commissioner of Internal Revenue, who is also made a party. Plaintiff consents that the latter motion may be granted.

The bill alleges that on January 5, 1928, a certain duly ordained Jewish rabbi made application on the proper form for certain red and white sparkling wines for the celebration of religious rites, which application was refused. It is alleged that this refusal is violative of the legal rights of the applicant and of this plaintiff. Plaintiff alleges that it has on hand a large stock of red and white sparkling wines, of a nature subject to deterioration, which it can dispose of legally only for sacramental…