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VIKING PRESS, INC. v. GOLDMAN

38 F.Supp. 1014 (1941)

VIKING PRESS, Inc., v. GOLDMAN, Postmaster.

District Court, S. D. New York.

May 8, 1941.

Attorney(s) appearing for the Case

V. Henry Rothschild, 2d, of New York City, for plaintiff.

Arthur Garfield Hays, Myron S. Isaacs, and Mathias F. Correa, U. S. Atty., all of New York City (Edward J. Ennis and David McKibbin, 3d, Asst. U. S. Attys., both of New York City, of counsel), for defendant.

HULBERT, District Judge.

The plaintiff sued the Postmaster of New York, N. Y., for a permanent injunction and moved for a restraining order pendente lite. After the defendant had moved for a summary judgment, before answer, Rule 56 (b), Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, plaintiff served a second amended complaint. By consent of the parties the motion is to be deemed directed to plaintiff's last pleading. Plaintiff has also served...

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