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QUALTOP BEVERAGES v. McCAMPBELL

No. 183.

31 F.2d 260 (1929)

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

Circuit Court of Appeals, Second Circuit.

March 4, 1929.

Attorney(s) appearing for the Case

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

Doyle & Corcoran, of Rochester, N. Y. (Joseph P. Doyle, of Rochester, N. Y., of counsel), for appellee.

Before MANTON, SWAN, and CHASE, Circuit Judges.

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

This appeal raises the question of the nature of the judicial proceeding authorized by the National Prohibition Act, when a permittee thinks himself aggrieved by the Commissioner's revocation of his permit. Is it a trial de novo, in which new evidence may be adduced and the court determine for itself the propriety of the revocation, or is it merely a review of the proceedings had before the Commissioner, to determine...

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