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UNITED CIGAR WHELAN STORES CORP. v. UNITED STATES

No. 9397.

113 F.2d 340 (1940)

UNITED CIGAR WHELAN STORES CORPORATION et al. v. UNITED STATES.

Circuit Court of Appeals, Ninth Circuit.

July 17, 1940.

Attorney(s) appearing for the Case

Jesse H. Steinhart and John J. Goldberg, both of San Francisco, Cal. (Corette & Corette, Robert D. Corette, and William A. Davenport, all of Butte, Mont., of Counsel), for appellants.

John B. Tansil, U. S. Atty., of Billings, Mont., and W. D. Murray and R. Lewis Brown, Asst. U. S. Attys., both of Butte, Mont., for appellee.

Before GARRECHT, HANEY, and HEALY, Circuit Judges.

GARRECHT, Circuit Judge.

The appellant United Cigar Whelan Stores Corporation, operates a retail store at the corner of Broadway and Main Street in the city of Butte, Montana. This store, which covers a rather small floor space and is tended by but one clerk at a time, stocks and sells cigars, cigarettes, tobacco, candies, shaving supplies, etc. Prior to June 16, 1939, the defendant offered for sale in this retail establishment rubbing alcohol, known by the trade...

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