Opinion
No. 10672.
October 22, 1943.
Appeal from the District Court of the United States for the Southern District of Florida; John W. Holland, Judge.
Affirming 52 F. Supp. 509.
Bernard Chertcoff and Sewall Key, Sp. Assts. to Atty. Gen., Samuel O. Clark, Jr., Asst. Atty. Gen., Herbert S. Phillips, U.S. Atty., of Tampa, Fla., and Harry G. Taylor, Asst. U.S. Atty., of Miami, Fla., for appellant.
J. Mark Wilcox, of Miami, Fla., for appellee.
Before HUTCHESON and HOLMES, Circuit Judges, and RUSSELL, District Judge.
This case cannot be distinguished from that of American Oil Co. v. Fly, 5 Cir., 135 F.2d 491. On the authority of that case the judgment is affirmed.