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UNITED STATES v. ANTHRACITE BREWING CO.

No. 6658.

11 F.Supp. 1018 (1934)

UNITED STATES v. ANTHRACITE BREWING CO. et al.

District Court, M. D. Pennsylvania.

December 24, 1934.

Attorney(s) appearing for the Case

Frank J. McDonnell, U. S. Atty., Scranton, Pa., and Herman F. Reich, Asst. U. S. Atty., of Sunbury, Pa.

Lawrence H. Rupp (of Butz & Rupp), of Allentown, Pa., for defendants.

JOHNSON, District Judge.

On February 24, 1931, defendants were indicted for violation of section 1017 (b) of the Revenue Act of 1924 (26 USCA § 1266 note), and on December 14, 1931, entered a plea of nolo contendere, but sentence was deferred.

On July 12, 1934, defendants, by their counsel, moved the court for leave to withdraw the plea of nolo contendere, and that they be permitted to plead in bar, and that the indictment be quashed for certain

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