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SILVER v. U.S. POSTAL SERVICE

No. 89-16447.

951 F.2d 1033 (1991)

Bernard L. SILVER, Cartwright-Mitchell, Inc., a Delaware corporation, Plaintiffs-Appellants, v. UNITED STATES POSTAL SERVICE, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Decided December 11, 1991.

Attorney(s) appearing for the Case

Dale B. Hinson, Washington, D.C. and W. Leslie Sully, Jr., Sully, Lenhardt & Raizin, Las Vegas, Nev., for plaintiffs-appellants.

Irene M. Solet, U.S. Dept. of Justice, Washington, D.C., for defendant-appellee.

Before GOODWIN, THOMPSON and O'SCANNLAIN, Circuit Judges.

PER CURIAM:

This appeal squarely raises the constitutionality of the statute creating the Board of Governors of the United States Postal Service.

I

In September 1986, the Postal Service's General Counsel filed a complaint against Bernard L. Silver alleging that Silver was engaged in a scheme to obtain money or property through the mails by means of false representations, in violation of 39 U.S.C. § 3005. The General Counsel alleged that Silver...

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