Masses Pub. Co. v. Patten
District Court, S.D. New York
In Equity. Suit by the Masses Publishing Company against T. G. Patten, Postmaster of the City of New York. On motion for preliminary injunction. Motion granted.
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In Equity. Suit by the Masses Publishing Company against T. G. Patten, Postmaster of the City of New York. On motion for preliminary injunction. Motion granted. The plaintiff applies for a preliminary injunction against the postmaster of New York to forbid his refusal to áccept its magazine in the mails under the following circumstances: The plaintiff is a publishing company in the city of New York engaged in the production of a monthly revolutionary journal called “The Masses,” containing both text and cartoons, -each issue of which is ready for the mails during the first ten days of the…
1Opinion of the CourtLearned Hand, District Judge
(after stating the facts as above).
[1] It is well settled that this court has jurisdiction to review the act, of the postmaster. School of Magnetic Healing v. McAnnulty, 187 U. S. 94, 23 Sup. Ct. 33, 47 L. Ed. 90; Post Publishing Co. v. Murray, 230 Fed. 773, 145 C. C. A. 83; Bruce v. United States, 202 Fed. 98, 120 C. C. A. 370; United States v. Atlanta Journal, 210 Fed. 275, 127 C. C. A. 123. If it appears that his proposed official course is outside of the authority conferred upon him by law, the court cannot escape the duty of so deciding, just as in the case of any other administrative…
2Cases cited9 opinions
- Ex Parte JacksonSupreme Court of the United States · 1878
- Noble v. Union River Logging RailroadSupreme Court of the United States · 1893
- American School of Magnetic Healing v. McAnnultySupreme Court of the United States · 1902
- Public Clearing House v. CoyneSupreme Court of the United States · 1904
- Bates & Guild Co. v. PayneSupreme Court of the United States · 1904
4 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- United States v. Gordon S. Buttorff and Charles A. DodgeCourt of Appeals for the Eighth Circuit · 1978
- David Price v. Viking Penguin, Inc. And Peter Matthiessen, William Styron, Kurt Vonnegut, John Irving, Alfred Kazin and Susan Sontag, Amicus CuriaeCourt of Appeals for the Eighth Circuit · 1989
- Stefanow v. McFaddenCourt of Appeals for the Ninth Circuit · 1996
- Cherry v. StateCourt of Special Appeals of Maryland · 1973
- United States v. MayDistrict Court, E.D. Michigan · 1983
14 more not listed; retrieve them via the Exa API.