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HEILBERG v. FIXA

No. 41660.

236 F.Supp. 405 (1964)

Leif HEILBERG, Plaintiff, v. John F. FIXA et al., Defendants.

United States District Court N. D. California, S. D.

Probable Jurisdiction Noted February 1, 1965.

Attorney(s) appearing for the Case

Marshall W. Krause, Staff Counsel, American Civil Liberties Union of Northern California, San Francisco, Cal., Coleman Blease, Berkeley, Cal., for plaintiff.

Cecil F. Poole, U.S. Atty., Charles Elmer Collett, Asst. U. S. Atty., San Francisco, Cal., for defendants.

Before BONE, Circuit Judge, and WOLLENBERG and ZIRPOLI, District Judges.

Probable Jurisdiction Noted February 1, 1965. See 85 S.Ct. 722.

PER CURIAM.

In this action plaintiff seeks to enjoin the enforcement of 39 U.S.C. § 4008, a statute which regulates the mailing of "communist political propaganda", and an order declaring it unconstitutional. This Court was convened pursuant to 28 U.S.C. § 2282, § 2284. Based on the record made at the hearing on the merits and facts established at prior pretrial proceedings before...

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