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COUNCIL OF GREENBURGH, ETC. v. U. S. POSTAL SERV.

No. 77 Civ. 483 (WCC).

448 F.Supp. 159 (1978)

The COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS and the Saw Mill Civic Association, Plaintiffs, v. The UNITED STATES POSTAL SERVICE, Defendant.

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

March 29, 1978.

Attorney(s) appearing for the Case

Jon H. Hammer, New York City, for plaintiffs.

Alfred A. DelliBovi, Richmond Hill, New York, for amicus curiae.

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City, for defendant; Mary C. Daly, Asst. U. S. Atty., New York City, of counsel.

MEMORANDUM AND ORDER

CONNER, District Judge:

This action, brought by two Westchester County community organizations, challenges the constitutionality of Section 1725 of Title 18, United States Code, and regulations issued thereunder as applied to plaintiffs and "all other similarly situated,"1 on First Amendment grounds. Section 1725 prohibits deposit of "any mailable matter" in letter...

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