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PROTESTANTS AND OTHER AMERICANS, ETC. v. WATSON

No. 21324.

407 F.2d 1264 (1968)

PROTESTANTS AND OTHER AMERICANS UNITED FOR SEPARATION OF CHURCH AND STATE et al., Appellants, v. W. Marvin WATSON, Postmaster General of the United States, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided November 14, 1968.

Attorney(s) appearing for the Case

Mr. Franklin C. Salisbury, Washington, D. C., with whom Mr. Noel H. Thompson, Washington, D. C., was on the brief, for appellants.

Mr. Robert V. Zener, Atty., Department of Justice, with whom Asst. Atty. Gen. Edwin L. Weisl, Jr., Messrs. David G. Bress, U. S. Atty., and Alan S. Rosenthal, Atty., Department of Justice, were on the brief, for appellee.

Before BAZELON, Chief Judge, and BURGER and TAMM, Circuit Judges.

TAMM, Circuit Judge:

Appellants, in June, 1967, filed suit in the District Court to enjoin the appellee, the Postmaster General of the United States, from issuing a certain commemorative Christmas postage stamp alleged to be religious in character and content, and for declaratory judgment that the provisions of 39 U.S.C. § 2501-2503 (1964) prohibit the printing and distribution thereof. In due course a motion for a preliminary injunction by the appellants and...

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