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HIGGINS v. FOSTER

No. 376.

12 F.2d 646 (1926)

HIGGINS v. FOSTER, Prohibition Administrator, et al.

Circuit Court of Appeals, Second Circuit.

On Rehearing June 1, 1926.

Attorney(s) appearing for the Case

Lewis Landes, of New York City, for appellant.

Emory R. Buckner, U. S. Atty., of New York City (C. D. Williams, of New York City, Asst. U. S. Atty., of counsel), for appellee.

Falk & Orleans, of New York City (Samuel Falk, of New York City, of counsel), for Olivett Distributing Co., amici curiæ.

Before ROGERS, HAND, and MACK, Circuit Judges.

HAND, Circuit Judge (after stating the facts as above).

That the evidence disclosed upon the trial was amply sufficient to justify a revocation of the permit under section 9, title 2, we have no doubt; but, if Higgins was entitled to a hearing as prescribed by that section, the action of the defendants was irregular, and cannot stand. In what we say we therefore do not wish to be understood as in any sense indicating that the result, except for this irregularity,...

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