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DOWLING BROS. DISTILLING CO. v. UNITED STATES

Nos. 10009, 10010.

153 F.2d 353 (1946)

DOWLING BROS. DISTILLING CO. et al. v. UNITED STATES.

Circuit Court of Appeals, Sixth Circuit.

February 8, 1946.

Attorney(s) appearing for the Case

Sawyer A. Smith, of Covington, Ky. (Howell W. Vincent, of Covington, Ky., on the brief), for appellants.

Claude P. Stephens, of Lexington, Ky. (Doris W. Meenehan and Abraham Glasser, both of Washington, D. C., on the brief), for appellee.

Before HICKS, SIMONS, and ALLEN, Circuit Judges.

SIMONS, Circuit Judge.

Out of a criminal prosecution of the corporate and the individual defendant for violations of maximum price regulations under the Emergency Price Control Act of 1942, 50 U.S.C.A.Appendix, § 901 et seq., in the sale of whiskey in Kentucky, grew the two appeals. No. 10,009 is from an order of the District Court, prior to trial, denying a stay of proceedings and the right of the appellants to file suit in the Emergency Court of Appeals to...

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