August 16, 1933
EUREKA CEREAL BEVERAGE CO., INC.,
PENNINGTON, PROHIBITION ADM'R, ET AL.
Appeal from the District Court of the United States for the District of New Jersey.
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.
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