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COLUMBIA RESEARCH CORPORATION v. SCHAFFER

No. 282, Docket 24831.

256 F.2d 677 (1958)

COLUMBIA RESEARCH CORPORATION and Allerton Pharmacal Corporation, Appellants, v. Robert H. SCHAFFER, Postmaster of the City of New York, Appellee.

United States Court of Appeals Second Circuit.

Decided May 13, 1958.

On Petition for Rehearing July 31, 1958.

Attorney(s) appearing for the Case

Philip A. Friedman, Alfange & Friedman, New York City, for plaintiffs-appellants.

Elliot L. Hoffman, Asst. U. S. Atty., Paul W. Williams, U. S. Atty., and Robert J. Ward, Asst. U. S. Atty., S. D. N. Y., New York City, for defendant-appellee.

Before CLARK, Chief Judge, and HAND and LUMBARD, Circuit Judges.

HAND, Circuit Judge.

This is an appeal from an order of Judge Sugarman, denying the plaintiffs' motion for a preliminary injunction and granting the defendant's cross motion for summary judgment dismissing the complaint in an action brought to enjoin the defendant, the Postmaster of the City of New York, from denying the plaintiffs the use of the mails for the distribution of its advertisements, § 1009(b) Title 5 U.S.C.A.

The plaintiffs are distributors...

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