Qualtop Beverages, Inc. v. MacCampBell

ADLER, District Judge.

This is an action in equity, brought under sections 5 and 9, tit. 2, of the National Prohibition Act (27 USCA §§ 14, 21), for the review of the decision of the acting prohibition administrator revoking complainant’s permit.

The defendant raises the question that this action does not entitle the complainant to introduce a new defense, after neglecting to do so at the hearing. The revocation proceeding was held on Eebruary 15, and March 5, 1927, and at the close of tho government’s ease the permittee elected to introduce no evidence. A criminal proceeding was pehding…