Acret

On June 28, 1941, the Postmaster General of the United States made a fraud order against W. H. Neher and Private Laboratory of W. H. Neher, and their officers and agents at La Verne, California. George Acret, the plaintiff, is a California attorney at law, representing Neher. On August 4, 1941, he addressed to him two letters at 2510 E. Street, La Verne. Mary D. Briggs, Postmaster of Los Angeles, refused to forward one of the letters, and ordered it returned to Acret as “unmailable”. On August 5, 1941, A. E. Harwood, Postmaster of La Verne, stamped the other letter “fraudulent”, and ordered it returned to the sender.

In the complaint on file, the plaintiff seeks to vacate the fraud order and to enjoin the postmasters of La Verne and Los Angeles from refusing to deliver his mail to Neher. The fraud order is attacked as unconstitutional, as is also the statute under which it was made, 39 U.S. ■C.A. § 259.

The defendants have moved to dismiss the complaint for failure to state a claim.

The plaintiff has asked that a three-judge court be convened to hear the matter, under the mandate of Section 380a of Title 28 U.S.C.A.

I am of the view that the motion to dismiss should be…