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DAUB v. MOSS

No. 229.

47 F.2d 603 (1931)

DAUB v. MOSS, Supervisor of Permits, et al.

Circuit Court of Appeals, Second Circuit.

January 22, 1931.

Attorney(s) appearing for the Case

Herbert H. Kellogg, of Brooklyn, N. Y., for appellants.

Emanuel Harris, of New York City, for appellee.

Before L. HAND, SWAN, and CHASE, Circuit Judges.

PER CURIAM.

We think the plaintiff's right too uncertain to justify an injunction pendente lite. The permit in suit was the same as that at bar in Lion Laboratories v. Campbell, 34 F.2d 642 (C. C. A. 2). It there appeared that it had expired on December 31, 1924, and the bill was for that reason dismissed. The present theory is that a letter of the Prohibition Administrator of April 28, 1925...

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