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MURPHY v. UNITED STATES

No. 3307.

16 F.2d 595 (1926)

MURPHY et al. v. UNITED STATES.

Circuit Court of Appeals, Third Circuit.

December 22, 1926.

Attorney(s) appearing for the Case

John H. Kafes, of Trenton, N. J., for appellants.

Walter G. Winne, U. S. Atty., of Hackensack, N. J., and Harlan Besson, Asst. U. S. Atty., of Hoboken, N. J., for the United States.

Before BUFFINGTON and WOOLLEY, Circuit Judges, and MORRIS, District Judge.

WOOLLEY, Circuit Judge.

On a criminal information charging a violation of section 21 of title 2 of the National Prohibition Act (Comp. St. § 10138½jj) by maintaining a nuisance on their premises, Thomas Murphy and Vincent Murphy were tried and acquitted. Thereafter the United States, acting under section 22 of title 2 of the same Act (Comp. St. § 10138½k), filed a bill in equity in the same court against the same defendants charging them upon the...

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