BOURQUIN, District Judge.
This is an action upon a bond given on permission to occupy premises abated as a nuisance, pursuant to section 34, 27 USCA.
Plaintiff proceeds upon the theory that, without allegation or proof of any fines, costs, or damages, it is entitled to recover the full penalty. The statute reads that the bond shall be by owner or tenant "in the penal and liquidated sum * * * and conditioned that intoxicating liquor will not thereafter be manufactured...
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