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VIBRA BRUSH CORP. v. SCHAFFER

No. 330, Docket 24683.

256 F.2d 681 (1958)

VIBRA BRUSH CORP., Plaintiff-Appellant, v. Robert H. SCHAFFER, Postmaster of the City of New York, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided May 13, 1958.

On Petition for Rehearing July 31, 1958.

Attorney(s) appearing for the Case

Milton A. Bass, of Bass & Friend, New York City, for plaintiff-appellant.

Robert J. Ward, Asst. U. S. Atty., S.D. N.Y., New York City (Paul W. Williams, U. S. Atty., and Benjamin T. Richards, Jr., and Elliot L. Hoffman, Asst. U. S. Attys., New York City, on the brief), for defendant-appellee.

Before CLARK, Chief Judge, and LUMBARD and WATERMAN, Circuit Judges.

PER CURIAM.

In Columbia Research Corp. v. Schaffer, 2 Cir., 256 F.2d 677, we held a "fraud order" of the Post Office Department under 39 U.S.C. §§ 259, 732, similar to the one here involved not enforceable for failure of the Department to comply with the provisions of the Administrative Procedure Act for the separation of prosecuting and adjudicating functions and for publication in the Federal Register of its central and...

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