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BAREL v. FISKE

136 F.Supp. 751 (1954)

Morton BAREL, individually and doing business under the firm name and style of Gem Co., Plaintiff, v. Eugene S. FISKE, Postmaster of Mount Vernon Station, New York, Defendant.

United States District Court S. D. New York.

March 1, 1954.

Attorney(s) appearing for the Case

Selkowe, Johnson, Zimbalist & Romanoff, New York City, for plaintiff.

J. Edward Lumbard, U. S. Atty., New York City, for defendant.

SUGARMAN, District Judge.

Plaintiff seeks a temporary injunction restraining the Postmaster of Mount Vernon Station, New York, from continuing to impound mail addressed to Gem Company in Mount Vernon.

It appears that after an investigation conducted by postal inspectors, the Postmaster of Mount Vernon was "instructed" by one of said inspectors on January 29, 1954 to withhold Gem Company's mail pursuant to 39 C.F.R. 36.10.

On February 16, 1954, after...

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