HIGGINS v. MILLS

No. 35.

22 F.2d 913 (1927)

HIGGINS v. MILLS, Prohibition Administrator, et al.

Circuit Court of Appeals, Second Circuit.

December 5, 1927.


Attorney(s) appearing for the Case

Van Buren & Hilldale, of New York City, for appellant.

Charles H. Tuttle, U. S. Atty., of New York City (C. D. Williams, Sp. Asst. U. S. Atty., of New York City, of counsel), for appellees.

Before MANTON, L. HAND, and SWAN, Circuit Judges.


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

The defendant's action was taken on the ground that the plaintiff had "not in good faith conformed to the provisions" of the Prohibition Act. In part it depended upon the finding that the certificates were known to be false and were used to secure the permits. If the defendant had no power to demand any certificates whatever and the plaintiff had the unconditional right under his original permit, form 1465...

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