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QUALTOP BEVERAGES v. MacCAMPBELL

22 F.2d 417 (1927)

QUALTOP BEVERAGES, Inc., v. MacCAMPBELL, Acting Prohibition Administrator for Western Judicial District of New York.

District Court, W. D. New York.

November 7, 1927.

Attorney(s) appearing for the Case

Doyle & Corcoran, of Rochester, N. Y. (Eugene J. Dwyer, of Rochester, N. Y., of counsel), for complainant.

Richard H. Templeton, U. S. Atty., of Buffalo, N. Y. (Joseph J. Doran, Asst. U. S. Atty., of Rochester, N. Y., of counsel), for defendant.

ADLER, District Judge.

This is an action in equity, brought under sections 5 and 9, tit. 2, of the National Prohibition Act (27 USCA §§ 14, 21), for the review of the decision of the acting prohibition administrator revoking complainant's permit.

The defendant raises the question that this action does not entitle the complainant to introduce a new defense, after neglecting to do so at the hearing. The revocation proceeding was held on February 15...

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