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UNITED STATES v. GERBERTI

42 F.2d 570 (1930)

UNITED STATES v. GERBERTI et al.

District Court, S. D. New York.

May 21, 1930.

Attorney(s) appearing for the Case

Arthur H. Schwartz, Asst. U. S. Atty., of New York City.

Sanford H. Cohen, of New York City, for defendants.

CAFFEY, District Judge.

Neither the petitioner nor the Prohibition Administrator is a party, nor has the latter been served. In these circumstances the court is without jurisdiction to grant the relief sought. See Lewis v. McCarthy (D. C.) 274 F. 496; In re Allen (D. C.) 1 F.2d 1020, 1021; Matter of Otto Behrens (2 C. C. A.) 39 F.2d 561.

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