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SPORTIQUE FASHIONS, INC. v. SULLIVAN

Civ. No. C-75-1705-GBH.

421 F.Supp. 302 (1976)

SPORTIQUE FASHIONS, INC., and Sportique II Fashions, Inc., California Corporations, Plaintiffs, v. William SULLIVAN et al., Defendants.

United States District Court, N. D. California.

August 24, 1976.

Attorney(s) appearing for the Case

Roger J. Marzulla, San Jose, Cal., for plaintiffs.

Asst. U. S. Atty., William T. McGivern, Jr., U. S. Atty., James L. Browning, Jr., San Francisco, Cal., for defendants.

FINDINGS OF FACT and CONCLUSIONS OF LAW

GEORGE B. HARRIS, Senior District Judge.

Inscribed on the Main Post Office in New York City is the famous quotation:

Not snow, nor rain, nor heat, nor gloom of night stays these couriers from the swift completion of their appointed rounds.

The issue before this court is whether a negligence action for damages lies against individual United States Postal Department officials when mail is not

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