GARDNER v. MELLON

No. 4543.

5 F.2d 954 (1925)

GARDNER v. MELLON, Secretary of the Treasury, et al.

Circuit Court of Appeals, Ninth Circuit.

Rehearing Denied June 8, 1925.


Attorney(s) appearing for the Case

Karl H. M. Gardner, of Los Angeles, Cal., in pro. per.

Samuel W. McNabb, U. S. Atty., and J. Edwin Simpson, Asst. U. S. Atty., both of Los Angeles, Cal., for appellees.

Before GILBERT, HUNT, and RUDKIN, Circuit Judges.


RUDKIN, Circuit Judge.

The present suit was instituted by the appellant as priest of the Holy Rosikrucian Church of Los Angeles, against the Prohibition Director and other federal officials to restrain them from preventing or interfering with the procurement, possession, use, or distribution of wine, by the appellant, for sacramental or like religious rites. From an order denying a temporary injunction, this appeal is prosecuted.

Section 3, tit. 2, of the...

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