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B & M LTD. v. SMITH

Civ. A. C 72-64 Y.

351 F.Supp. 1057 (1972)

B & M LTD., Plaintiff, v. Chalmer H. SMITH, Defendant.

United States District Court, N. D. Ohio, E. D.

July 14, 1972.

Attorney(s) appearing for the Case

William P. Heyne, Alliance, Ohio, for plaintiff.

Edward S. Molnar, Asst. U. S. Atty., Cleveland, Ohio, for defendant.

ORDER

CONTIE, District Judge.

Plaintiff brought this action in the Common Pleas Court of Stark County, alleging a right to place shopping guides upon rural mail boxes, and also that defendant Postmaster has unlawfully notified Buckeye Publishing Company that delivery of said guides is subject to postage and that postal charges shall be made accordingly. Defendant removed the cause of action to the District Court and filed a motion to dismiss, or in the alternative...

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