FESSLER v. UNITED STATES

Nos. 4284, 4285.

39 F.2d 363 (1930)

FESSLER et al. v. UNITED STATES. BARNETT et ux. v. SAME.

Circuit Court of Appeals, Third Circuit.

March 4, 1930.


Attorney(s) appearing for the Case

B. M. Golder (of Golder, Felger & Lemisch), of Philadelphia, Pa., for appellants.

Howard Benton Lewis, Asst. U. S. Atty., and Calvin S. Boyer, Acting U. S. Atty., both of Philadelphia, Pa.

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


WOOLLEY, Circuit Judge.

These appeals are from decrees entered on bills in equity filed under section 22 of title 2 of the National Prohibition Act (27 US CA § 34), abating nuisances and closing the respective premises for a year.

Preceding the bills each defendant had pleaded guilty to a violation of the act, Fessler to unlawful possession of liquor and Barnett to maintenance of a nuisance. It was on these criminal offenses that the civil nuisance suits...

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