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LION LABORATORIES v. CAMPBELL

No. 349.

34 F.2d 642 (1929)

LION LABORATORIES, Inc., et al. v. CAMPBELL, Federal Prohibition Administrator, et al.

Circuit Court of Appeals, Second Circuit.

July 8, 1929.

Attorney(s) appearing for the Case

Charles Dickerman Williams, of New York City, for plaintiffs.

Charles H. Tuttle, U. S. Atty., of New York City (U. S. Grant, Asst. U. S. Atty., of New York City, of counsel), for defendants.

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

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

This cause has been presented by both sides as a test of the merits of the bill. We therefore pass the question whether it was proper to grant an injunction pendente lite at all. If the bill rested upon section 9 of title 2, National Prohibition Act (27 USCA § 21), certainly it was not; if it depended upon the general equity powers of the court, we do not decide whether the policy manifested in section...

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