LISCIO v. CAMPBELL

No. 352.

34 F.2d 646 (1929)

LISCIO v. CAMPBELL, Federal Prohibition Administrator, et al.

Circuit Court of Appeals, Second Circuit.

July 1, 1929.


Attorney(s) appearing for the Case

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

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

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


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

On what theory the plaintiff applied for a decree compelling the administrator to grant him a license pendente lite we cannot understand. Section 6 (27 USCA § 16) is the measure of his rights, and, while it provides for a suit in equity, it does so only by reference to section 5 (27 USCA § 14), which says that "during the pendency of such proceedings" the court "may restrain the manufacture, sale...

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