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OWEN LABORATORIES, INC. v. SCHROEDER

No. 12959.

284 F.2d 445 (1960)

OWEN LABORATORIES, INC., Plaintiff-Appellee, v. Carl A. SCHROEDER, Postmaster, Chicago, Illinois, Defendant-Appellant.

United States Court of Appeals Seventh Circuit.

November 28, 1960.

Attorney(s) appearing for the Case

Robert Tieken, U. S. Atty., Chicago, Ill., Howard E. Shapiro, Attorney, Appellate Section, U. S. Department of Justice, Washington, D. C., George Cochran Doub, Asst. Atty. Gen., Samuel D. Slade, Washington, D. C., for appellant.

Morton J. Harris, Chicago, Ill., Milton A. Bass, New York City, Bass & Friend, New York City, for appellee.

Before HASTINGS, Chief Judge, SCHNACKENBERG, Circuit Judge, and PLATT, District Judge.

HASTINGS, Chief Judge.

This is an appeal from an order and judgment of the district court declaring a Post Office Department fraud order to be null and void and enjoining the Post-master at Chicago, Illinois (Postmaster), defendant-appellant, from enforcing its terms.

The fraud order was based upon a determination by the Judicial Officer of the Post Office Department (Department) that Owen Laboratories, Inc. (Owen), plaintiff-appellee, was conducting a fraudulent...

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