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OLIVETT DISTRIBUTING CO. v. BOWERS

14 F.2d 318 (1926)

OLIVETT DISTRIBUTING CO., Inc., v. BOWERS, Internal Revenue Collector, et al.

District Court, S. D. New York.

On Rehearing, July 18, 1926.

Attorney(s) appearing for the Case

Falk & Orleans, of New York City (Samuel Falk, of New York City, of counsel), for complainant.

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

HAZEL, District Judge.

This is a motion to enjoin the collector of internal revenue from refusing to issue a permit for the withdrawal of alcohol, as provided in section 6 of title 2 of the National Prohibition Act (Comp. St. § 10138½c).

A basic permit authorizing plaintiff to operate a denaturing plant, and for obtaining quantities of alcohol, 125,000 gallons each month, was issued by the prohibition commissioner on November 26, 1923. Several withdrawal...

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