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HOELL v. MELLON

4 F.2d 859 (1925)

HOELL v. MELLON et al.

District Court, E. D. New York.

March 17, 1925.

Attorney(s) appearing for the Case

Roscoe C. Harper, of New York City, for plaintiff.

Ralph C. Greene, U. S. Atty., of Brooklyn, N. Y. (Guy O. Walser, of New York City, and Wm. L. Taggart, Sp. Atty. Prohibition Unit, of Washington, D. C., of counsel), for defendant.

INCH, District Judge.

At the outset, it has seemed necessary to me to decide in my mind, in the absence of any controlling authority presented to or discovered by me, just what, if in any way, are the limits allowed in this kind of proceeding. The defendant's brief lays stress on the burden of proof, etc. I have used the word "proceeding" advisedly, for it seems to me that this word, appearing in section 5 of the National Prohibition Act (Comp. St. Ann. Supp. 1923...

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