WYNNE v. EUREKA CEREAL BEVERAGE CO.

No. 4745.

56 F.2d 516 (1932)

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

Circuit Court of Appeals, Third Circuit.

February 20, 1932.


Attorney(s) appearing for the Case

Phillip Forman, U. S. Atty., of Trenton, N. J., and Edward C. Dougherty and Richard Hay Woolsey, both of Philadelphia, Pa., for appellants.

Harold Simandl, of Newark, N. J., for appellee.

Before WOOLLEY and DAVIS, Circuit Judges, and DICKINSON, District Judge.


WOOLLEY, Circuit Judge.

On the bill of the Beverage Company to review the action of the Supervisor of Permits in refusing it a permit, the court held that his decision was not supported by evidence and accordingly ordered him to issue a permit. The Supervisor appealed on eleven grounds, of which only four call for discussion. The other seven are really conclusions from these four.

(1) The Supervisor charges error to the court in failing to hold the applicant...

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