Herrmann

Herrmann v. Doran

Good Law
49 F.2d 402·1931 U.S. Dist. LEXIS 1306
United States District Court, Northern District of CaliforniaFebruary 19, 1931No. 2634California1,263 words

Opinion

Lead Opinion

Kerrigan, J.

This is a petition for a review of the action of the Supervisor of Permits in refusing petitioner’s application for an increased allowance of alcohol and wine under an existing basic permit. Petitioner is engaged in the manufacture of certain nonbeverage compounds under approved formulae. The basic permit for 1930 held by him when suit was filed allowed him 100 wine gallons of alcohol and 3,000 gallons of wine. The history of this permit will be referred to later. On March 11, 1930, application was made for an increase of the allowance to 3,000 wine gallons of alcohol and 30,000 gallons of wine. There was considerable delay in passing upon this application, and petitioner finally filed a bill, June 4, 1930, asking that failure to pass upon the application be deemed a denial thereof, and seeking a review of this denial. The following day, no hearing having been had, the Prohibition Administrator disapproved the application, whereupon petitioner filed his amended bill upon the basis of which all subsequent proceedings have gone forward. After joinder of issue the ease was referred to the local Supervisor of Permits to hold a hearing upon petitioner’s application of March 11, 1930,…

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