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AMERICAN IMAGE CORP. v. UNITED STATES POSTAL SERV.

No. 73 Civ. 3562.

370 F.Supp. 964 (1974)

AMERICAN IMAGE CORPORATION, etc., Plaintiff, v. UNITED STATES POSTAL SERVICE and John R. Strachan, Postmaster, etc., Defendant.

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

January 14, 1974.

Attorney(s) appearing for the Case

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

Paul J. Curran, U. S. Atty., New York City, by Taggart D. Adams, Asst. U. S. Atty., New York City, of counsel, for defendant.

WHITMAN KNAPP, District Judge.

This is an action by plaintiff to enjoin the Postal Service from enforcing Order No. 73-86 issued pursuant to 39 U.S.C. § 3005. The effect of the Order is to intercept mail and payments sent to plaintiff in connection with a scheme perpetrated by plaintiff to obtain money by means of representations deemed by the Postal Service to be false. Jurisdiction rests on 39 U.S.C. § 409. Both parties move for summary judgment.

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