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UNITED STATES BIO-GENICS CORP. v. CHRISTENBERRY

173 F.Supp. 645 (1959)

UNITED STATES BIO-GENICS CORP., Plaintiff, v. Robert K. CHRISTENBERRY, Postmaster, New York, New York, Defendant.

United States District Court S. D. New York.

June 2, 1959.

Attorney(s) appearing for the Case

Bass & Friend, New York City, for plaintiff.

Arthur H. Christy, U. S. Atty., for the S. D. of New York, New York City, for defendant, William Scott Ellis, New York City, of counsel.

PALMIERI, District Judge.

These are cross-motions for summary judgment. Plaintiff seeks an injunction restraining the defendant from carrying out the terms of a fraud order issued by the Judicial Officer of the Post Office Department (Department).1 The defendant seeks an order dismissing the complaint.

The undisputed facts are these: On July 15, 1957, a complaint was issued by an Assistant General Counsel of the Department, addressed...

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