United States v. E. & S. Motor Transp. Co.

CABBEY, District Judge.

The allegations of paragraphs 3 to 6 of the complaint, which were in part denied in the answer, have been satisfactorily established by affidavits. Indeed, their truth is now conceded in the brief of the defendants. The defense in paragraph 7 of the answer that there was no demand prior to suit was withdrawn by the defendants at the oral argument and has not been mentioned in the defendants’ brief. This leaves for determination only the question as to whether the repeal of the Eighteenth Amendment, as set up in paragraph 6 of the answer, is a defense.

According to the…