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W. H. LONG & CO. v. CAMPBELL

36 F.2d 496 (1929)

W. H. LONG & CO. v. CAMPBELL, Prohibition Adm'r, et al.

District Court, S. D. New York.

January 10, 1929.

Attorney(s) appearing for the Case

Lewis Landes, of New York City, for complainant.

Charles H. Tuttle, U. S. Atty., of New York City, for defendant.

FRANK J. COLEMAN, District Judge.

The motion to punish for contempt is denied on the ground that the permit which Judge Hutcheson ordered reinstated [28 F.2d 422] was the basic permit and the defendants have done nothing contrary to that decree in refusing to issue withdrawal permits. This refusal was not on the ground that the basic permit was invalid, but in the exercise of discretion based on the facts and circumstances arising...

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