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LYNCH v. BLOUNT

No. 71 Civ. 1564.

330 F.Supp. 689 (1971)

Vincent LYNCH, d/b/a Brewster Products, Plaintiff, v. Winton M. BLOUNT, Postmaster General of the United States, and United States of America, Defendants.

United States District Court, S. D. New York.

August 16, 1971.

Attorney(s) appearing for the Case

Bass & Ullman, New York City, for plaintiff; Milton Bass, New York City, of counsel.

Whitney North Seymour, Jr., U. S. Atty., for the Southern District of New York, New York City, for defendants; Gerald A. Rosenberg, Alan B. Morrison, Asst. U. S. Attys., Southern District of New York, New York City, of counsel.

Before MEDINA, Senior Circuit Judge, and METZNER and McLEAN, District Judges.

MEDINA, Senior Circuit Judge:

In this action Vincent Lynch prays for an adjudication that 39 U.S.C. Section 3005 is unconstitutional on its face and as applied to plaintiff in an administrative proceeding initiated by the Postmaster General of the United States. In this proceeding the Postmaster General seeks to obtain a stop order in connection with what is claimed to be a scheme to defraud the public by mailing large quantities of printed matter advertising a worthless...

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