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BORG-JOHNSON ELECTRONICS, INC. v. CHRISTENBERRY

169 F.Supp. 746 (1959)

BORG-JOHNSON ELECTRONICS, INC., Plaintiff, v. Robert K. CHRISTENBERRY, Postmaster, New York, N. Y., Defendant.

United States District Court S. D. New York.

January 19, 1959.

Attorney(s) appearing for the Case

Bass & Friend, New York City, for plaintiff, Milton A. Bass, New York City, of counsel.

Arthur H. Christy, U. S. Atty., for S. D. New York, New York City, for defendant Robert J. Ward, Asst. U. S. Atty., New York City, of counsel.

IRVING R. KAUFMAN, District Judge.

These are cross motions for summary judgment, pursuant to Rule 56 of the Federal Rules of Civil Procedure, 28 U.S. C.A., in an action seeking to enjoin enforcement of a fraud order issued by the Postmaster General. The order directed that mail addressed to the plaintiff corporation be returned to the senders marked "Fraudulent"; and that postal money orders payable to its order be returned to the remitters. Both parties agree that...

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