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P. E. HARRIS & CO. v. O'MALLEY

No. 4330.

2 F.2d 810 (1924)

P. E. HARRIS & CO. v. O'MALLEY et al.

Circuit Court of Appeals, Ninth Circuit.

December 15, 1924.

Attorney(s) appearing for the Case

J. A. Hellenthal, Hellenthal & Hellenthal, R. E. Robertson, and H. L. Faulkner, all of Juneau, Alaska, for appellant.

Arthur G. Shoup, U. S. Atty., and Howard D. Stabler, Asst. U. S. Atty., both of Juneau, Alaska, for appellees.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.

HUNT, Circuit Judge (after stating the facts as above).

Appellant does not contend that the statute of 1924, under which it is alleged the officials of the United States threaten to proceed by criminal prosecution and by proceedings for forfeiture, is unconstitutional or invalid, but takes the position that equity will enjoin the bringing of a criminal prosecution when it is necessary to prevent irreparable injury to property or a multiplicity of suits. The case of...

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