GOMEZ v. KIELY


27 F.2d 889 (1928)

GOMEZ v. KIELY, Postmaster of City of New York, et al.

District Court, S. D. New York.

May 16, 1928.


Attorney(s) appearing for the Case

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

Charles H. Tuttle, U. S. Atty., of New York City (Samuel C. Coleman, Asst. U. S. Atty., of New York City, of counsel), for defendants.


THACHER, District Judge.

It is not enough to say that the stamps are not within the statutory prohibition upon which the defendants relied in excluding them from the mails — a question which is not decided. At the threshold plaintiff is met with the defense of unclean hands. This court will not aid the perpetration of falsehood. One of the stamps is designed pictorially to characterize the acts of the armed forces of the United States in Nicaragua as ruthless...

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