APPEAL OF UNITED STATES

No. 290.

42 F.2d 424 (1930)

Appeal of UNITED STATES. In re HEBREW SACRAMENTAL WINE COMPANY, Inc. In re 125 FIRST STREET, NEW YORK CITY.

Circuit Court of Appeals, Second Circuit.

May 5, 1930.


Attorney(s) appearing for the Case

Charles H. Tuttle, U. S. Atty., and William L. Taggart, Sp. Asst. U. S. Atty., both of New York City (Thomas E. Kerwin, Asst. U. S. Atty., of New York City, of counsel), for the United States.

Blau, Perlman & Polakoff, of New York City (Moses Polakoff, of New York City, of counsel), for appellee Hebrew Sacramental Wine Company, Inc.

Before MANTON, SWAN, and AUGUSTUS N. HAND, Circuit Judges.


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

The errors which appellant insists were made by the court below were:

(1) In holding that the possession of intoxicating liquors originally acquired under a permit does not ipso facto become unlawful when the permit is revoked.

(2) In ordering the return of the wine to Hebrew Sacramental Wine Company, Inc., when the search warrant under which it had been seized was vacated.

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