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PATON v. LA PRADE

Civ. A. No. 73-1091.

469 F.Supp. 773 (1978)

Lori PATON, a minor under 18, suing by her father, Arthur Paton, Plaintiff, v. J. Wallace LA PRADE, Special Agent in Charge, Federal Bureau of Investigation, Newark, New Jersey, John Patrick Devlin, Peter McDede, Jr., John Hugh Bryan, Agents for the Federal Bureau of Investigation, and Clarence M. Kelley, the Director of the Federal Bureau of Investigation, Postmaster General, United States Postal Service, Defendants.

United States District Court, D. New Jersey.

November 29, 1978.

Attorney(s) appearing for the Case

Frank Askin, Newark, N. J., for plaintiff.

Carolyn Arch, Asst. U. S. Atty., Dept. of Justice, Newark, N. J., David H. White, U. S. Dept. of Justice, Washington, D. C., for defendants.

OPINION

WHIPPLE, District Judge.

This matter is before the court on plaintiff's motion for partial summary judgment on the constitutionality of the mail cover pursuant to Fed.R.Civ.P. 56. The issue has been well briefed by both sides and having had the benefit of oral argument, I am prepared to make the following ruling.

Postal Regulation 861.4, 39 C.F.R. § 233.2, authorizing mail covers1 to "protect the national...

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