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COUNCIL OF GREENBURGH, ETC. v. U.S. POSTAL SERVICE

No. 236, Docket 78-6105.

586 F.2d 935 (1978)

The COUNCIL OF GREENBURGH CIVIC ASSOCIATIONS and the Saw Mill Valley Civic Association, Plaintiffs-Appellants, v. The UNITED STATES POSTAL SERVICE, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 30, 1978.

Attorney(s) appearing for the Case

Jon H. Hammer, New York City (E. Payson Clark, Jr., New York City, of counsel), for plaintiffs-appellants.

Mary C. Daly, Asst. U. S. Atty., New York City (Robert B. Fiske, Jr., U. S. Atty., S. D. N. Y., Frederick P. Schaffer, Asst. U. S. Atty., New York City, of counsel), for defendant-appellee.

Before KAUFMAN, Chief Judge, SMITH and MESKILL, Circuit Judges.

J. JOSEPH SMITH, Circuit Judge:

Two "non-partisan civic organizations," threatened with prosecution under 18 U.S.C. § 17251 for depositing unstamped notices and pamphlets in approved letter boxes of private homes, sought declaratory and injunctive relief on first amendment grounds in the United States District Court for the Southern District of New York, and moved with supporting affidavits for summary judgment. The court, William...

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