UNITED STATES v. SIMONETTI

No. 5194.

44 F.2d 553 (1930)

UNITED STATES v. SIMONETTI et al.

District Court, E. D. New York.

December 1, 1930.


Attorney(s) appearing for the Case

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Francis F. Giles and J. T. Carroll, Asst. U. S. Attys., both of Brooklyn, N. Y., of counsel), for the United States.

Harold L. Cowin, of Brooklyn, N. Y., for defendants.


BYERS, District Judge.

Motion to dismiss a bill in equity because it appears therefrom that sufficient facts are not stated to constitute a cause of action.

The proceeding is for an injunction to abate a nuisance pursuant to 27 USCA § 34 (title 2, § 22, National Prohibition Act).

The bill alleges, in paragraph IV:

"The complainant is informed and verily believes and therefore alleges on information and belief that the defendants,...

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