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GERBER v. SCHOFIELD

No. 4413.

43 F.2d 225 (1930)

GERBER v. SCHOFIELD, City Director of Public Safety et al.

Circuit Court of Appeals, Third Circuit.

July 11, 1930.

Attorney(s) appearing for the Case

David Wallerstein and A. J. Nydick, both of Philadelphia, Pa., for appellant.

Augustus Trask Ashton, City Sol., G. Coe Farrier, Asst. City Sol., and Thomas B. K. Ringe, all of Philadelphia, Pa., for appellees.

Before BUFFINGTON and DAVIS, Circuit Judges, and THOMSON, District Judge.

THOMSON, District Judge.

On its face, the plaintiff's bill presents an actionable cause. It is averred that the plaintiff is the holder of a federal permit under the provisions of the act of Congress, authorizing him to withdraw and use specially denatured alcohol in the manufacture of toilet waters, perfumes, and kindred lines of commercial preparations. That in February of 1930, the plaintiff manufactured and prepared a quantity of Albena lilac toilet water, under...

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