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STROH PRODUCTS CO. v. DAVIS

No. 911.

8 F.2d 773 (1925)

STROH PRODUCTS CO. v. DAVIS, Prohibition Director, et al.

District Court, E. D. Michigan, S. D.

November 11, 1925.

Attorney(s) appearing for the Case

Stevenson, Carpenter, Butzel & Backus, of Detroit, Mich. (M. J. Donnelly, of Cedar Rapids, Iowa, of counsel), for plaintiff.

Delos G. Smith, U. S. Atty., and Cyril E. Bailey, Legal Adviser, Federal Prohibition Director, both of Detroit, Mich., for defendants.

SIMONS, District Judge.

The plaintiff is a manufacturer of ice cream, ice, soft drinks, near beer, malt syrup, and liquid malt. In its manufacture of near beer it uses the so-called dealcoholizing process, and during the years 1922, 1923, and 1924 operated under a permit issued under the provisions of the National Prohibition Law (Comp. St. Ann. Supp. 1923, § 10138¼ et seq.). It also manufactures and sells a liquid barley malt.

Plaintiff applied...

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