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BUFFALO GRAVEL CORPORATION et al., Appellants, v. GUY B. MOORE, as District Attorney of the County of Erie, Respondent.

Order affirmed, with costs, on the ground that upon the facts stated in the complaint equity will not enjoin prosecution of the indictment against plaintiffs. The constitutional questions which have been discussed are not considered.

Concur: HISCOCK, Ch. J., HOGAN, CARDOZO, POUND, CRANE and ANDREWS, JJ. Absent: McLAUGHLIN, J.

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BUFFALO GRAVEL CORPORATION v. MOORE
(Oct 17, 1922)