Opinion
No. 5097.
August 16, 1933.
Appeal from the District Court of the United States for the District of New Jersey.
Suit in equity by the Eureka Cereal beverage Company, Incorporated, against John D. Pennington, Prohibition Administrator, and others. From the decree, plaintiff appeals.
Appeal dismissed.
Sidney Simandl, of Newark, N.J. (Harold Simandl, of Newark, N.J., of counsel), for appellant.
Harlan Besson, U.S. Atty., of Trenton, N.J. (by Samuel Cohen, of Newark, N.J.), for appellees.
Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.
Apart from the failure of the plaintiff in this bill to make the commissioner a party [see opinion of this court in Chamberlain v. Lembeck, 18 F.2d 408], the year covered by the permit here involved had expired before this case was argued before this court, and the questions involved were then academic.
Accordingly, the appeal is dismissed.