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UNITED STATES POSTAL SERVICE v. PEAK LABORATORIES

Civ. A. No. C75-144A.

389 F.Supp. 228 (1975)

UNITED STATES POSTAL SERVICE v. PEAK LABORATORIES.

United States District Court, N. D. Georgia, Atlanta Division.

February 19, 1975.

Attorney(s) appearing for the Case

Richard A. Horder & Wm. D. Mallard, Jr., Asst. U. S. Attys., Atlanta, Ga., Lee H. Harter, U. S. Postal Service, Washington, D. C., for plaintiff.

Jack Paller, Atlanta, Ga., for defendant.

ORDER

EDENFIELD, Chief Judge.

One of the most difficult duties of a judge is sitting as sole juror in a nonjury case, particularly where the whole case turns upon a naked credibility finding as between two expert witnesses of apparently equal credibility.

In this case, the Postal Service, pursuant to 39 U.S.C. § 3007, seeks a temporary injunction authorizing it to detain defendant's incoming mail...

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