DAMI v. CANFIELD


5 F.2d 533 (1925)

DAMI v. CANFIELD, Federal Prohibition Director of New York.

District Court, S. D. New York.

April 28, 1925.


Attorney(s) appearing for the Case

James F. O'Neill, of New York City, for complainant.

Emory R. Buckner, U. S. Atty., of New York City (Frederic C. Bellinger, Asst. U. S. Atty., of New York City, of counsel), for defendants.


AUGUSTUS N. HAND, District Judge.

Motion is made by the United States attorney in the above proceeding to dismiss the bill of complaint on the ground of nonjoinder of the Commissioner of Internal Revenue, who is a necessary party. The government relies on the case of Gnerich v. Rutter, 265 U.S. 388, 44 S.Ct. 532, 68 L. Ed. 1068, where a bill to restrain the Prohibition Director from giving effect to a limitation relating to the sale...

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