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SMITH v. HITCHCOCK

Nos. 31, 32.

226 U.S. 53 (1912)

SMITH AND OTHERS, TRADING UNDER THE FIRM NAME OF STREET & SMITH, APPELLANTS, v. HITCHCOCK, POSTMASTER-GENERAL. FRANK TOUSEY, PUBLISHER, A CORPORATION, v. SAME.

Supreme Court of United States.

Decided November 18, 1912.

Attorney(s) appearing for the Case

Mr. J.J. Darlington and Mr. H.H. Glassie for appellants.

The Solicitor General for the appellee.

The former Solicitor General, Mr. Frederick W. Lehmann, also filed a brief for appellee.

MR. JUSTICE HOLMES delivered the opinion of the court.

These are bills to restrain the Postmaster-General from revoking orders according second-class mail privileges to the several plaintiffs — in the first named case in respect of a series of publications issued under the name of the Tip Top Weekly, in the second in respect of a similar one entitled Work and Win. The ground of the bills is that the privileges were...

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