Columbia Research Corp. v. Schaeffer

SUGARMAN, District Judge.

Plaintiffs have commenced this action to restrain the Postmaster of the City of New York from enforcing a “Fraud Order” dated February 11, 1957, which was issued after appropriate administrative proceedings.

Plaintiffs now move for a preliminary injunction as prayed for in the complaint.1 The defendant moves for summary judgment “dismissing the complaint herein on the merits, on the grounds that no genuine issue as to any material fact exists, and that defendant is entitled to judgment as a matter of law * * *.”2

The elements of the conduct prohibited by the statutes 3…