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H. W. WILSON CO. v. U. S. POSTAL SERVICE

No. 76 Civ 3200.

438 F.Supp. 326 (1977)

The H. W. WILSON COMPANY, Plaintiff, v. UNITED STATES POSTAL SERVICE, Defendant.

United States District Court, S. D. New York.

October 12, 1977.

Attorney(s) appearing for the Case

Sullivan & Cromwell, John L. Warden, Lista M. Cannon, New York City, for plaintiff.

Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., Annette H. Blum, Sp. Asst. U. S. Atty., New York City, for defendant.

MEMORANDUM AND ORDER

BRIEANT, District Judge.

Both parties in this action have moved for summary judgment pursuant to Rule 56, F.R.Civ.P. The legal issue presented is whether certain of plaintiff's publications, including the well known Index to Legal Periodicals are "periodical publications" and thus entitled to second class mail privileges within 39 U.S.C. §§ 4351 and 4354.

Plaintiff H. W. Wilson Company (hereinafter "Wilson")...

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