Legal Opinion

Gray v. Yellowley

District Court, E.D. New York

Decided March 14, 1923Published

In Equity. Suit by Nathan Gray, trading as Gray’s Pharmacy, against Edward C. Yellowley, acting Federal Prohibition Director for the State of New York, and another, to review the action of the prohibition officials in revoking his retail druggist’s permit to sell intoxicating liquors. On motion for injunction pendente lite to restrain defendants from carrying out such order.

1Opinion of the Court

CAMPBELL, District Judge.

The complainant, who was a retail druggist, has commenced an action in equity, in pursuance of sections 5 and 9 of the National Prohibition Law (41 Stat. 309), to review the action of the prohibition officials in revoking his pentiit, the order of revocation being dated February 5, 1923, and now seeks on this motion an injunction pendente lite to restrain the .defendants from carrying out such order.

It appears that the defendants claim that a very large number of the prescriptions upon which intoxicating liquor was dispensed by the complainant during the year…

2Cases cited1 opinion

  1. People ex rel. Pechtold v. BogartAppellate Division of the Supreme Court of the State of New York · 1907

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