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DORAN v. LYKENS VALLEY ICE & BEVERAGE CO.

No. 3997.

33 F.2d 41 (1929)

DORAN, Prohibition Commissioner of the United States et al. v. LYKENS VALLEY ICE & BEVERAGE CO.

Circuit Court of Appeals, Third Circuit.

May 23, 1929.

Attorney(s) appearing for the Case

Andrew B. Dunsmore, U. S. Atty., of Wellsboro, Pa.. A. A. Vosburg. Asst. U. S. Atty., of Scranton, Pa., and J. L. Kilcoyne, of Philadelphia, Pa., for appellants.

J. W. Crolly and P. J. Friel, both of Philadelphia, Pa., for appellee.

Before WOOLLEY and DAVIS, Circuit Judges, and THOMPSON, District Judge.

WOOLLEY, Circuit Judge.

The Lykens Valley Ice & Beverage Company, a newly organized corporation whose capital had been contributed by three men, applied for a permit to engage in the business of manufacturing cereal beverages of less than one-half of one per cent. of alcoholic strength by the process of de-alcoholization authorized by Section 37, Title 2, of the National Prohibition Act (27 USCA § 58). The Prohibition Administrator denied the application...

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