Simon v. United States

On Petition for Rehearing.

In a petition for rehearing appellant calls attention to the ease of United States v. Fox, 60 F.(2d) 685, decided by the Circuit Court of Appeals of the Second Circuit since the submission of this ease.

The Fox" Case and the ease; at bar are distinguishable. The former was a suit in equity brought by United States against Fox and others to enjoin a liquor nuisance; maintained at certain premises, and an appeal was taken directly from an order refusing to vacate a portion of the decree. In the case at bar, appellant was adjudged guilty of contempt of court for…