U.S. POSTAL SERVICE v. NOTESTINE

No. 88-2480.

857 F.2d 989 (1988)

UNITED STATES POSTAL SERVICE, Plaintiff-Appellant, v. David NOTESTINE, et al., Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

September 30, 1988.


Attorney(s) appearing for the Case

Michael Jay Singer, Atty. Appellate Staff, Civ. Div., Mark B. Stern, Dept. of Justice, Washington, D.C., Sam Longoria, Asst. U.S. Atty., Houston, Tex., for plaintiff-appellant.

Tom Aubrey, Houston, Tex., for defendants-appellees.

Before WISDOM, GEE and RUBIN, Circuit Judges.


ALVIN B. RUBIN, Circuit Judge:

The United States Postal Service, acting under express statutory authority, resorted to district court to obtain a preliminary injunction permitting it to retain the mail of named persons while it conducted an administrative proceeding to investigate charges that those persons had solicited money through the mail by means of false representation. The district court not only denied the injunction but issued a preliminary injunction forbidding...

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