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DAUB v. MOSS

No. 5001.

49 F.2d 646 (1931)

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

District Court, E. D. New York.

April 24, 1931.

Attorney(s) appearing for the Case

Archer Scherl, of New York City, for complainant.

Howard W. Ameli, U. S. Atty., of Brooklyn, N. Y. (Herbert H. Kellogg and George H. Bragdon, Asst. U. S. Attys., both of Brooklyn, N. Y., and John E. O'Neill, Legal Adviser, Treasury Department, of New York City, of counsel), for defendants.

INCH, District Judge.

This suit, brought by an alleged permittee, against the Prohibition Administrator et al., presents a simple issue.

This is: Did the attempted so-called "amendment" to a 1924 permit, after same had fully expired, constitute a new unlimited permit?

It plainly appears that the alleged permittee is making a belated but no less determined effort to force a finding by the court that he has such a permit, although the greater part of...

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