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COMMERCE PUB. CORP. v. U.S. POSTAL SERVICE

Civ. A. No. CA3-81-0633-G.

579 F.Supp. 1402 (1984)

COMMERCE PUBLISHING CORPORATION, Plaintiff, v. UNITED STATES POSTAL SERVICE and United States of America, Defendants and Third-Party Plaintiffs, v. TEXAS PARADE, INC., Lone Star Publications, Inc., Lone Star Publishers, San Antonio American Printers, Inc., Kenneth E. Lively and Martin Green, II, Third-Party Defendants.

United States District Court, N.D. Texas, Dallas Division.

February 2, 1984.

Attorney(s) appearing for the Case

Joseph Geary, Geary, Stahl & Spencer, Dallas, Tex., for plaintiff.

Chas. D. Cabaniss, Asst. U.S. Atty., Dallas, Tex., Jeffrey H. Zelkowitz, Stanley F. Mires, U.S. Postal Service, Washington, D.C., Roger J. Allen, Turner, Hitchins, McInerney, Webb, Hartnett & Strother, Dallas, Tex., Chas. R. Shaddox, Stephen Walraven, Shaddox, Gorham & Good, Kenneth E. Lively, San Antonio, Tex., for defendants and third-party plaintiffs.

MEMORANDUM ORDER

FISH, District Judge.

The court has before it the motion for partial summary judgment of defendants United States Postal Service and the United States of America (jointly referred to herein as "the Service"), the motion for summary judgment of plaintiff Commerce Publishing Corporation ("CPC"), and the motion to dismiss of third-party defendant Kenneth E. Lively. For the reasons explained below, CPC's motion and the Service's motion against...

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