INSTITUTE FOR WEIGHT CONTROL, INC. v. KLASSEN

Civ. A. No. 1384-72.

348 F.Supp. 1304 (1972)

INSTITUTE FOR WEIGHT CONTROL, INC., Plaintiff, v. Elmer T. KLASSEN, Postmaster General, United States Postal Service and Joseph C. Thomas, Postmaster, Englewood, New Jersey, Defendants.

United States District Court, D. New Jersey.

October 6, 1972.


Attorney(s) appearing for the Case

Herbert Alterman, Passaic, N. J., Bass & Ullman, by Sheldon S. Lustigman, New York City, Fensterwald & Ohlhausen, by William G. Ohlhausen, Washington, D. C., for plaintiff.

Herbert J. Stern, U. S. Atty. by Marc L. Dembling, Asst. U. S. Atty., Newark, N. J. (James J. Robertson, Staff Atty., Consumer Protection Office, Law Dept., United States Postal Service, Washington, D. C., of counsel) for defendants.


OPINION

LACEY, District Judge.

This matter comes on by way of cross motions for summary judgment.*

Plaintiff seeks injunctive relief against enforcement of what it alleges is an illegal mail stop order, issued by defendants under 39 U.S.C. § 3005, after an administrative determination of false advertising. This Court has jurisdiction under 39 U.S.C. § 409.

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