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Show BREWERS' CASE BEING ARGUED IN U COURT NEW YORK. April 23 Coincident with an announcement by U. S District Dis-trict Attorney Caffey that he had re ceived no instructions from Washington Washing-ton to prosecute brewers distributing beer of 24 per cent alcoholic content in violation of food conservation regulations regu-lations promulgated by the internal revenue department, government counsel coun-sel stated here today that the department depart-ment had taken steps to permit resumption re-sumption of beer bottling Collectors t-hrmijhnnt the countrj have been di rected, it wns stated, to unseal the locks on brewery pipe lines, which have remained idle ydnce brewing was forbidden by presidential proclamation proclama-tion December 1, last. The two announcements were made In federal court in the course of an argument on the government's motion to dismiss the brewers' suit to restrain official interference wilh the production produc-tion of a 24 per cent brew, alleged to be nnn-intnxicating. Speculation resulted re-sulted as to wheiher the government's attitude, including authorization made early this week of the sale of revenue stamps hitherid denied the manufacturers, manufac-turers, would continue after the wartime war-time prohibition act becomes effective next Thursday. District Attorney Caffey Caf-fey and Special Unlied States Attorney Attor-ney Fitts, appearing for Attorney General Gen-eral Palmer in the injunction proceed-incs, proceed-incs, declared they had no knowledge of the course to be pursued when the emergency act, forbidding manyf-ic-i tur aft-r April 30 and sale after lune 30 of "beer, wine and other intoxlcat-Ing intoxlcat-Ing mnlt or vinous beverages," soesj Into operation. The internal revenue department's reversal of its earlier attitude, winch had been based on a ruling that beer ol one-hr.lf of one per cent or greater alcoholic content was intoxicating and so forbidden under the modified regulations regu-lations effective early this year permitting per-mitting production of "near beer" was brought out during the argument before be-fore Judge A. N. Hand of William D.J Cruthrie, junior counsel with Ellhu mz Root for the United States Brewers' n association. Argument on tho district attorney's 1 1 motion to dismiss the ?uit brought in the interest of the country's brewersl by the Jacob Hoffmann Brewing com- 1 1 puny, to enjoin the district attorney 1 C and the collector of internal revenue 1 L from interfering with the production J ol 2 per cent beer, will last through- I out tomorrow, counsel advised Judg 1 I Hand , oo i |