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GITLOW v. KIELY

44 F.2d 227 (1930)

GITLOW v. KIELY, Postmaster of City of New York.

District Court, S. D. New York.

October 16, 1930.

Attorney(s) appearing for the Case

Arthur Garfield Hays, of New York City (Oscar Stabiner, of New York City, of counsel), for complainant.

Charles H. Tuttle, U. S. Atty., of New York City (Samuel C. Coleman, Asst. U. S. Atty., of New York City, and William C. O'Brien, Asst. Atty. to Post Office Department, of Washington, D. C., of counsel), for defendant.

WOOLSEY, District Judge.

The motion for an injunction pendente lite is denied, and the motion to dismiss the complaint herein is granted.

I. The scope for judicial review of the decision of the Post Office Department which the defendant herein has made effectual by the exclusion order of July 16, 1930, is very narrow.

In Bates & Guild Co. v. Payne, 194 U.S. 106, at page 109, 24 S.Ct. 595, 597, 48 L. Ed. 894, the...

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