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NEWARK BAY CEREAL BEVERAGE CO. v. WYNNE

No. 4716.

57 F.2d 83 (1932)

NEWARK BAY CEREAL BEVERAGE CO., Inc., v. WYNNE, Supervisor of Permits, et al.

Circuit Court of Appeals, Third Circuit.

February 29, 1932.

Attorney(s) appearing for the Case

Frederic M.P. Pearse, of Newark, N. J., for appellant.

Richard H. Woolsey, of Philadelphia, Pa., for appellee Supervisor of Permits.

Edward C. Dougherty, of Philadelphia, Pa., and Phillip Forman, U. S. Atty., of Trenton, N. J., for appellee Doran.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.

DAVIS, Circuit Judge.

This is an appeal from a decree of the District Court affirming the action of the supervisor of permits in refusing to issue a permit to the appellant to manufacture cereal beverages of less than one-half of 1 per cent. of alcoholic strength by the process of dealcoholization authorized by section 37, title 2, of the National Prohibition Act (27 USCA §§ 57-60), for the year 1931.

The appellant applied for a renewal of its permit...

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