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UNITED STATES v. 8765 BARRELS OF BEER, ETC.

42 F.2d 663 (1930)

UNITED STATES v. 8765 BARRELS OF BEER, Etc.

District Court, S. D. New York.

July 18, 1930.

Attorney(s) appearing for the Case

Leonard Bronner, Jr., Asst. U. S. Atty., and William L. Taggart, Sp. Asst. U. S. Atty., both of New York City, for libelant.

Paskus, Gordon & Hyman and Sanford H. Cohen, all of New York City, for respondent.

PATTERSON, District Judge.

I shall dismiss the libel as to those articles which beyond all doubt were integral parts of the realty. In my opinion, section 25 of title 2 of the National Prohibition Act (27 USCA § 39) does not provide for destruction of buildings or parts of buildings, even though the buildings or portions thereof may be designed for the manufacture of liquor. The section, read as a whole, seems to cover movable chattels only — property...

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