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M.K.S. ENTERPRISES v. U. S. POSTAL SERVICE

No. 77 C 1448.

459 F.Supp. 1180 (1978)

M.K.S. ENTERPRISES, INC. and/or Growing Glory and/or Pro-B-5 and Pro-B-5 Division, Plaintiff, v. UNITED STATES POSTAL SERVICE, Postmaster, Westbury, New York 11590, Postmaster, New York, New York 10010, Defendants.

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

July 21, 1978.

Attorney(s) appearing for the Case

Weiss, Rothfarb & Chernofsky, New York City, for plaintiff by Charles B. Chernofsky, New York City.

David G. Trager, U. S. Atty., E. D. N. Y., Brooklyn, N.Y., for defendants by Ralph L. McMurry, Asst. U. S. Atty., Brooklyn, N.Y.

MEMORANDUM AND ORDER

NEAHER, District Judge.

This is an action brought to enjoin defendants from enforcing a "mail stop" order issued following an administrative determination that plaintiff was engaged in conducting a scheme or device for obtaining money or property through the mails by means of false representations, in violation of 39 U.S.C. § 3005(a). Plaintiff now moves for summary judgment in its...

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