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LAMONT v. POSTMASTER GENERAL OF UNITED STATES

229 F.Supp. 913 (1964)

Corliss LAMONT d/b/a Basic Pamphlets, Plaintiff, v. The POSTMASTER GENERAL OF the UNITED STATES, Defendant.

United States District Court S. D. New York.

Decided May 5, 1964.

Attorney(s) appearing for the Case

Leonard B. Boudin, of Rabinowitz & Boudin, New York City, for plaintiff.

Robert M. Morgenthau, U. S. Atty., Southern Dist. of New York (Anthony J. D'Auria, Asst. U. S. Atty., on the brief), for defendant.

Before HAYS, Circuit Judge, and LEVET and FEINBERG, District Judges.

HAYS, Circuit Judge.

This action challenges the constitutionality of 39 U.S.C. § 4008 (Supp. IV 1959-62), added by Pub.L. 87-793, § 305 (a), Oct. 11, 1962, 76 Stat. 840, which establishes a screening program for communist political propaganda originating abroad and deposited in the United States mails as unsealed mail matter. As plaintiff has requested an injunction restraining the enforcement of an Act of Congress, this court was convened pursuant to 28...

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