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McREYNOLDS v. CHRISTENBERRY

233 F.Supp. 143 (1964)

David McREYNOLDS and Fritz Pappenheim, Plaintiffs, v. Robert K. CHRISTENBERRY, Postmaster, New York, New York, John A. Gronouski, Postmaster General of the United States, Douglas Dillon, Secretary of the Treasury of the United States, Defendants.

United States District Court S. D. New York.

July 31, 1964.

Attorney(s) appearing for the Case

Nanette Dembitz and Melvin L. Wulf, New York City, for plaintiffs.

Robert M. Morgenthau, U. S. Atty., S.D.N.Y., New York City, Eugene R. Anderson, Asst. U. S. Atty., of counsel, for defendants.

TENNEY, District Judge.

Plaintiffs move herein for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure and for the appointment of a three-judge court to hear such motion pursuant to Rule 25 of the General Rules of this Court, and 28 U.S.C. § 2282 (1950) and 28 U.S.C. § 2284 (Supp.1963). Defendants move herein, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, for an order dismissing the complaint on the ground that...

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