KLAW v. SCHAFFER


151 F.Supp. 534 (1957)

Irving KLAW, Plaintiff, v. Robert H. SCHAFFER, individually, and as Postmaster of the United States Post Office at New York, New York, Defendant.

United States District Court S. D. New York.

May 7, 1957.


Attorney(s) appearing for the Case

Brower, Brill & Gangel, New York City, for plaintiff.

Paul W. Williams, New York City, Benjamin T. Richards, New York City, of counsel for defendant.


EDELSTEIN, District Judge.

The parties have cross-moved for summary judgment in an action to enjoin the defendant Postmaster from carrying out the order of the Postmaster General issued under the provisions of 39 U.S.C. § 259a, 39 U.S.C.A. § 259a, directing that mail addressed to the plaintiff be marked "unlawful" and returned to the senders. The complaint also seeks a declaratory judgment that 39 U.S.C. § 259a, 39 U.S.C.A. § 259a is unconstitutional...

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