DORAN v. CHARLES D. KAIER CO.

No. 4595.

60 F.2d 259 (1932)

DORAN, Prohibition Commissioner, et al. v. CHARLES D. KAIER CO., Inc.

Circuit Court of Appeals, Third Circuit.

On Rehearing August 1, 1932.


Attorney(s) appearing for the Case

Edward W. Wells, U. S. Atty., and R. H. Woolsey, and Edward C. Dougherty, all of Philadelphia, Pa., for appellants.

B. I. De Young and N. S. Winnet, both of Philadelphia, Pa., for appellee.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


DAVIS, Circuit Judge.

This is an appeal from a decree of the District Court directing the federal prohibition administrator to renew the permit of the Charles D. Kaier Company, Inc., to operate a cereal beverage plant during 1930. The administrator obeyed the decree and appealed to this court.

He says that the court erred in holding that his failure to issue a citation for the revocation of the permit immediately after the discovery of a violation prevented...

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