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HALDEMAN-JULIUS PUB. CO. v. KIELY

No. 262.

63 F.2d 814 (1933)

HALDEMAN-JULIUS PUB. CO. v. KIELY, Postmaster of City of New York.

Circuit Court of Appeals, Second Circuit.

March 13, 1933.

Attorney(s) appearing for the Case

Arthur Garfield Hays, of New York City (Sadie Morris, of New York City, of counsel), for appellant.

George Z. Medalie, U. S. Atty., of New York City (Harry G. Herman and Frank Chambers, Asst. U. S. Attys., both of New York City, of counsel), for appellee.

Before L. HAND, SWAN, and AUGUSTUS N. HAND, Circuit Judges.

SWAN, Circuit Judge.

The complainant is a corporation engaged in publishing at Girard, Kan., a newspaper entitled "The American Freeman." Two of its issues, dated June 25 and July 15, respectively, were excluded from the mails by the postmaster at Girard. Shortly thereafter, on July 22, 1932, the American Civil Liberties Union presented to the defendant, the postmaster at New York City, one copy of each of these issues. He refused to accept them for transmission through...

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