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TOP CHOICE DISTRIBUTORS v. U.S. POSTAL SERVICE

No. 97-6186.

138 F.3d 463 (1998)

TOP CHOICE DISTRIBUTORS, INC. and Salvatore Sciandra, Plaintiffs-Appellants, v. UNITED STATES POSTAL SERVICE, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided February 26, 1998.

Attorney(s) appearing for the Case

Charles B. Chernofsky, New York City (Chernofsky & deNoyelles, New York City, Salvatore R. Martoche, Hiscock & Barclays, LLP, Buffalo, NY, on the brief), for Plaintiffs-Appellants.

Janet E. Smith, United States Postal Service, Washington, D.C. (Patrick NeMoyer, United States Attorney for the Western District of New York, Mary Fleming, Assistant United States Attorney, Buffalo, NY, R. Andrew German, Rodney Gould, United States Postal Service, Washington, DC, on the brief), for Defendant-Appellee.

Before: VAN GRAAFEILAND, JACOBS, and LAY, Circuit Judges.

JACOBS, Circuit Judge.

Plaintiff-appellant Top Choice Distributors, Inc. is a self-described direct-mail solicitation company which has been the target of a number of administrative proceedings in which the United States Postal Service has charged it with conducting schemes through the mail to obtain money by means of fraudulent misrepresentations. In response to the Postal Service's latest administrative action, Top Choice and its chairman, Salvatore Sciandra, have...

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