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G. J. HOWARD CO. v. CASSIDY

Civ. No. 18604.

162 F.Supp. 568 (1958)

G. J. HOWARD CO. (George J. Howard, doing business as G. J. Howard Co.) Plaintiff, v. Francis J. CASSIDY, Postmaster, Flushing, New York, Defendant.

United States District Court E. D. New York.

May 22, 1958.

Attorney(s) appearing for the Case

Dammann, Roche & Goldberg, New York City, for plaintiff. Allen Blank, New York City, of counsel.

Cornelius W. Wickersham, Jr., U. S. Atty., Brooklyn, N. Y., for defendant. Lawrence G. Nusbaum, Jr., Asst. U. S. Atty., Brooklyn, N. Y., of counsel.

ZAVATT, District Judge.

Upon the request of both parties communicated to the Court during oral argument, plaintiff's motion for a temporary injunction is to be treated as a motion for summary judgment. This is an action seeking to enjoin enforcement of a fraud order signed by the Acting General Counsel of the Post Office Department which directed the defendant to return mail addressed to the plaintiff, which was not demonstrably unrelated to the enterprise here involved...

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