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AMERICAN MERCURY v. KIELY

No. 274.

19 F.2d 295 (1927)

AMERICAN MERCURY, Inc., v. KIELY, Postmaster of City of New York, et al.

Circuit Court of Appeals, Second Circuit.

May 2, 1927.

Attorney(s) appearing for the Case

Emory R. Buckner and Charles H. Tuttle, U. S. Attys., both of New York City (Thomas J. Crawford, Frank Chambers, and Alvin McKinley Sylvester, Asst. U. S. Attys., all of New York City, of counsel), for appellants.

Arthur Garfield Hays, of New York City, for appellee.

Before MANTON, HAND, and SWAN, Circuit Judges.

MANTON, Circuit Judge.

The injunction pendente lite was granted below, restraining and enjoining the postmaster of the city of New York and the Postmaster General, their agents and employés, pending the trial of this cause, from treating the April, 1926, issue of the appellee's magazine, the American Mercury, as nonmailable, and directing them to transmit that issue through the mails. Two articles, one entitled "Hatrack" and another "A New View of Sex," and an...

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