M. H. McCarthy & Co. v. Doran

BREWSTER, District Judge.

The above-entitled suit was brought by the plaintiff, a wholesale druggist, whose permit to use alcohol was revoked by the Prohibition Administrator on December 31, 1929. It is brought for the purpose of obtaining a review by this court of the aet of revocation, and also of the refusal of the defendants to renew the permit for the year 1930 upon plaintiff’s application, filed August 27, 1929. Plaintiff seeks also injunctive relief and, relief by mandamus.

The matter is before the court upon defendants’ motion to dismiss. The motion is based on several grounds. One of…