FRANK J. SMITH & SON v. McCAMPBELL


52 F.2d 878 (1931)

FRANK J. SMITH & SON v. McCAMPBELL, Prohibition Adm'r, et al.

District Court, N. D. New York.

September 3, 1931.


Attorney(s) appearing for the Case

Barkhuff & Conway, of Albany, N. Y., for complainant.

O. D. Burden, U. S. Atty., of Syracuse, N. Y. (B. Fitch Tompkins, Asst. U. S. Atty., of Syracuse, N. Y., and Wilson F. Harper, of Albany, N. Y., Atty. for Bureau of Industrial Alcohol, of counsel), for defendants.


BRYANT, District Judge.

Complainants conduct a drug store at Albany, N. Y. Their permit, ALB-NY-1-201, to sell or dispense liquors upon physicians' prescriptions was revoked by the Prohibition Administrator, after due proceedings before a hearing officer, upon the grounds that complainants had not in good faith conformed to the provisions of the National Prohibition Act, in that they did in bad faith, during the period from July 1, 1929, to May 1, 1930, furnish intoxicating...

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