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UNITED STATES v. ROSOFF

No. 357.

27 F.2d 719 (1928)

UNITED STATES v. ROSOFF et al.

Circuit Court of Appeals, Second Circuit.

July 2, 1928.

Attorney(s) appearing for the Case

M. Michael Edelstein, of New York City, for appellants.

Charles H. Tuttle, U. S. Atty., of New York City (Arthur H. Schwartz and Maxwell Shapiro, Asst. U. S. Attys., both of New York City, of counsel), for the United States.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

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

Two principal points are involved in this suit: (1) Whether section 23 of the National Prohibition Act (27 USCA §§ 35-37) is broad enough to authorize the court to enjoin the defendants from taking or accepting orders, or from selling intoxicating liquor, anywhere within the Southern District of New York; (2) whether, if such be the case, any proof has been offered showing an intention...

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