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AMERICAN BIBLE SOCIETY v. BLOUNT

Nos. 18811-18817, 19008-19014, 19016-19021.

446 F.2d 588 (1971)

AMERICAN BIBLE SOCIETY, a non-profit organization of the State of New York v. Winton M. BLOUNT, Postmaster General of the United States, et al., Appellants. (D. C. Civil Action No. 46-69) AMERICAN BOOK-STRATFORD PRESS, INC. v. Winton M. BLOUNT, Postmaster General of the United States, et al., Appellants. (D. C. Civil Action No. 941-68) MONTVILLE WAREHOUSING COMPANY, Inc., a New Jersey Corp. v. Winton M. BLOUNT, Postmaster General of the United States, et al., Appellants. (D. C. Civil Action No. 1120-68) AMERICAN BOOK PUBLISHERS COUNCIL, INC., et al. v. Winton M. BLOUNT, Postmaster General of the United States, et al., Appellants. (D. C. Civil Action No. 1194-68) ASSOCIATED BOOK SERVICE, INC. v. Winton M. BLOUNT, Postmaster General of the United States, et al., Appellants. (D. C. Civil Action No. 1332-68) SCHOLASTIC MAGAZINES, INC. v. Winton M. BLOUNT, Postmaster General of the United States, et al., Appellants. (D. C. Civil Action No. 1407-68) The MacMILLAN COMPANY v. Winton M. BLOUNT, Postmaster General of the United States, et al., Appellants. (D. C. Civil Action No. 1408-68) WAYNE WAREHOUSING CORP. v. Winton M. BLOUNT, Postmaster General of the United States, et al., Appellants. (D. C. Civil Action No. 1358-68) PRENTICE HALL INC. v. Winton M. BLOUNT, Postmaster General of the United States, Joseph Thomas, Postmaster, Englewood, New Jersey, Appellants. (D. C. Civil Action No. 102-69) HARPER & ROW PUBLISHERS, INCORPORATED v. Winton M. BLOUNT, Postmaster General of the United States and Bernard J. Harding, Scranton, Pa., Postmaster, Appellants. (D. C. Civil Action No. 469-69) HADDON CRAFTSMEN, INC. v. Winton M. BLOUNT, Postmaster General of the United States and Bernard J. Harding, Scranton, Pa., Postmaster, Appellants. (D. C. Civil Action No. 470-69) REGENSTEINER PUBLISHING ENTERPRISES, INC., and Chicago Book Manufacturing, Inc. v. Winton M. BLOUNT, Postmaster General of the United States and Henry McGee, Postmaster of the United States Post Office at Chicago, Illinois, Appellants. (D. C. Civil Action No. 472-69) NATIONAL BOOK COMPANY OF SCRANTON v. Winton M. BLOUNT, Postmaster General of the United States and Bernard J. Harding, Scranton, Pa., Postmaster, Appellants. (D. C. Civil Action No. 551-69)

United States Court of Appeals, Third Circuit,

Decided July 12, 1971.

Attorney(s) appearing for the Case

Walter H. Fleischer, Department of Justice, Washington, D. C. (William D. Ruckelshaus, Asst. Atty. Gen., Frederick B. Lacey, U. S. Atty., Robert V. Zener, Alexander P. Humphrey, Attys., Department of Justice, Washington, D. C., L. Patrick Gray, III, Asst. Atty. Gen., Herbert J. Stern, U. S. Atty., on the brief), for appellants.

Michael Edelson, Hellring, Lindeman & Landau, Newark, N. J., argued for appellees in No. 19,020 (Bernard Hellring, Newark, N. J., of counsel, Steven L. Bashwiner, Kirkland, Ellis, Hodson, Chaffetz & Masters, Chicago, Ill., on the brief).

Nicholas H. Politan, Krieger, Chodash & Politan, Jersey City, N. J., argued for all other appellees.

Before KALODNER, VAN DUSEN and ALDISERT, Circuit Judges.

OPINION OF THE COURT

VAN DUSEN, Circuit Judge.

These are appeals by the Postmaster General and Local Postmasters (hereinafter sometimes referred to as the Post Office) from orders dismissing as moot suits asking for permanent injunctions against them. The preliminary injunctions were conditioned on the posting of a bond by the plaintiffs to cover damages incurred during the pendency of the injunction. The Post Office...

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