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NATIONAL CONFERENCE ON LEGALIZING LOTTERIES v. GOLDMAN

No. 452.

85 F.2d 66 (1936)

NATIONAL CONFERENCE ON LEGALIZING LOTTERIES, Inc., et al. v. GOLDMAN.

Circuit Court of Appeals, Second Circuit.

July 17, 1936.

Attorney(s) appearing for the Case

Emil K. Ellis, of New York City, for appellants.

Lamar Hardy, U. S. Atty., of New York City (Edward J. Ennis and Irvin C. Rutter, Asst. U. S. Attys., both of New York City, of counsel), for appellee.

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

L. HAND, Circuit Judge.

This is an appeal from a decree dismissing a bill in equity to enjoin the postmaster of New York City from stopping the plaintiffs' mail, and returning it marked, "Fraudulent." The merits of the suit depend upon whether the plaintiffs were conducting an unlawful lottery, but the decision went off on the point that the Postmaster General had not been joined as a defendant. He had made inquiry into the enterprise, and after a hearing had declared...

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