UNITED STATES v. PEPE

No. 386.

12 F.2d 985 (1926)

UNITED STATES v. PEPE.

Circuit Court of Appeals, Second Circuit.

June 10, 1926.


Attorney(s) appearing for the Case

John D. Lindsay, of New York City, for appellant.

Emory R. Buckner, U. S. Atty., of New York City (J. Edward Lumbard, Jr., Asst. U. S. Atty., of New York City, of counsel), for the United States.

Before ROGERS, HOUGH, and MACK, Circuit Judges.


MACK, Circuit Judge.

Appeal by the owner of premises from a decree enjoining the use or occupancy of a cabaret located in the basement of 148 Macdougal street, New York City, for six months; the cabaret having been found to be maintained as a nuisance by the defendant tenant. The decree, however, provided that appellant herein might during that period make application to the District Court for the "purpose of permitting a tenant, to be approved by this court upon...

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