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FARLEY v. HEININGER

No. 7240.

105 F.2d 79 (1939)

FARLEY, Postmaster General v. HEININGER et al.

United States Court of Appeals for the District of Columbia.

Rehearing Denied May 18, 1939.

Attorney(s) appearing for the Case

David A. Pine, U. S. Atty., H. L. Underwood, Asst. U. S. Atty., and George F. Breen, Asst. Atty., Office of the Solicitor, Post Office Department, all of Washington, D. C., for appellant.

John J. Sirica, of Washington, D. C., and Floyd Lanham, of Chicago, Ill., for appellee.

Before GRONER, Chief Justice, and MILLER and VINSON, Associate Justices.

MILLER, Associate Justice.

Appellee filed a bill in the lower court praying that a fraud order issued against him by the Postmaster General on February 19, 1938, pursuant to Sections 3929 and 4041, R.S.,1 be declared null and void and its enforcement enjoined. The lower court found that "There was no substantial evidence that plaintiff herein [appellee] was engaged in a scheme or device to defraud, and therefore the decision of the Postmaster...

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