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THOMAS J. MOLLOY & CO. v. BERKSHIRE

No. 13.

143 F.2d 218 (1944)

THOMAS J. MOLLOY & CO., Inc., v. BERKSHIRE et al.

Circuit Court of Appeals, Second Circuit.

June 5, 1944.

Attorney(s) appearing for the Case

Brower, Brill & Tompkins and Alfred D. Van Buren, both of New York City (Walter Brower and Norman Kaliski, both of New York City, of counsel), for petitioner.

Robert L. Wright and William R. Watkins, Sp. Assts. to Atty. Gen., Tom C. Clark, Asst. Atty. Gen., and Arthur A. Alexander, Senior Atty., Alcohol Tax Division, Office of Chief Counsel of Bureau of Internal Revenue, of Washington, D. C. (Robert L. Wright, of Washington, D. C., of counsel), for respondents.

Before L. HAND, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

AUGUSTUS N. HAND, Circuit Judge.

The petitioner, Thomas J. Molloy & Co., Inc., brings this proceeding under Section 4(h) of the Federal Alcohol Administration Act, 49 Stat. 977, 27 U.S.C.A. § 204(h), to set aside an order of the District Supervisor annulling the petitioner's wholesale liquor dealer's basic permit, and to set aside an order of the Deputy Commissioner of Internal Revenue affirming the order of the District Supervisor with certain modifications...

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