LOU-VAL CO. v. WYNNE

Nos. 4046, 4047.

34 F.2d 721 (1929)

LOU-VAL CO., Inc., v. WYNNE, Prohibition Adm'r et al. (two cases).

Circuit Court of Appeals, Third Circuit.

Rehearing Denied October 7, 1929.


Attorney(s) appearing for the Case

B. I. De Young, of Philadelphia, Pa., for appellant.

George W. Coles, U. S. Atty., and Richard H. Woolsey, both of Philadelphia, Pa., for appellees.

Before WOOLLEY, Circuit Judge, and GIBSON and McVICAR, District Judges.


I. Mandamus Case.

GIBSON, District Judge.

Under the regulations of the Prohibition Bureau, it is plain that the burden of determining the propriety of an alcoholic constituent to be used in the manufacture of any proposed product is placed upon the Commissioner of Prohibition, while the duty of passing upon the fitness of an applicant for a permit to use alcohol in his business is imposed upon the Administrator. The question in the present case is whether...

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