Legal Opinion

Mt. Morris Distributing Corp. v. Doran

District Court, S.D. New York

Decided June 19, 1929PublishedCited by 1 opinion

1Opinion of the Court

KNOX, District Judge.

The within petition is denied on the ground that there is no showing that the Prohibition Administrator has violated the injunction order of Judge Thaeher. As was held in Olivett Distributing Co. v. Bowers (D. C.) 14 F.(2d) 318, the continuance in force of a basic permit does not carry with it an absolute right to the withdrawals specified therein. The issuance of withdrawal permits is within the discretion, to be exercised in good faith, of course, of the Administrator. From all that is before me, I am not satisfied that such discretion has been abused.

Furthermore, the…

2Cases cited1 opinion

  1. Olivett Distributing Co. v. BowersDistrict Court, S.D. New York · 1926

3Cited by1 opinion

  1. Wischhusen v. Spirits Co.Court of Appeals of Maryland · 1933

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