GROVE PRESS, INC. v. CHRISTENBERRY


175 F.Supp. 488 (1959)

GROVE PRESS, INC. and Readers' Subscription, Inc., Plaintiffs, v. Robert K. CHRISTENBERRY, individually and as Postmaster of the City of New York, Defendant.

United States District Court S. D. New York.

July 21, 1959.


Attorney(s) appearing for the Case

Levine, Rembar & Zolotar, New York City, for plaintiff Grove Press, Inc. Charles Rembar, New York City, Morton E. Yohalem, Sigmund Timberg, Washington, D. C., of counsel.

Paul, Weiss, Rifkind, Wharton & Garrison, New York City, for plaintiff Readers' Subscription, Inc. Jay H. Topkis, New York City, of counsel.

S. Hazard Gillespie, Jr., U. S. Atty., for Southern Dist. of New York, New York City, for defendant. Robert J. Ward, New York City, John W. Hasson, Woodside, N. Y., Robert L. Tofel, Asst. U. S. Attys., New York City, of counsel.

Dickstein, Shapiro & Galligan, New York City, for New York Civil Liberties Union as amicus curiae in support of plaintiffs. Sidney Dickstein, New York City, of counsel.


FREDERICK van PELT BRYAN, District Judge.

These two actions against the Postmaster of New York, now consolidated, arise out of the denial of the United States mails to the recently published Grove Press unexpurgated edition of "Lady Chatterley's Lover" by D. H. Lawrence.

Plaintiffs seek to restrain the Postmaster from enforcing a decision of the Post Office Department that the unexpurgated "Lady Chatterley's Lover", and circulars announcing its availability...

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