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SPEERT v. MORGENTHAU

No. 7621.

116 F.2d 301 (1940)

SPEERT et al. v. MORGENTHAU, Secretary of the Treasury, et al.

United States Court of Appeals for the District of Columbia.

Decided November 18, 1940.

Attorney(s) appearing for the Case

George A. Mahone, of Baltimore, Md., and Arthur Callahan, of Washington, D. C., for appellants.

Edward M. Curran, U. S. Atty., John L. Laskey, Asst. U. S. Atty., and Phillip E. Buck, Gen. Counsel, Federal Alcohol Administration, all of Washington, D. C., and Herbert Borkland, and S. R. Brittingham, Jr., Sp. Assts. to the Atty. Gen., for appellees.

Before GRONER, Chief Justice, and STEPHENS and RUTLEDGE, Associate Justices.

STEPHENS, Associate Justice.

This is an appeal from an order of the District Court of the United States for the District of Columbia dismissing on the appellees' motion the appellants' petition for a declaratory judgment and correlative injunctive relief. The sole question on the appeal is whether or not the petition states a cause of action.

The case arises under the act of Congress creating the Federal Alcohol Administration1

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