Frank Caprio v. Bob Wilson

Before CARTER, WRIGHT, and GOODWIN, Circuit Judges.

This is an appeal from the judgment of the district court, denying injunctive relief or an award of damages although finding in appellant’s favor on the merits. Appeal is also taken from an order made during the course of the action, denying appellant’s motion to join an involuntary plaintiff under Fed.R.Civ.P. 19(a). We affirm.

Appellee Wilson is an incumbent Congressman and appellant Caprio was his 1972 Democratic challenger. Shortly before the primary and general elections, Wilson mailed, under his frank, several hundred thousand copies of Bob Wilson Reports, a congressional newsletter. Had the Reports been mailed at then-prevailing first-class rates,' the cost to Wilson would have been $36,352.96. Wilson’s district had been redistricted for the 1972 election; the Reports were sent to both the new and old district areas.

Appellant brought this action under 39 U.S.C. § 3210 et seq., claiming that Wilson had misused the franking privilege by mailing the Reports. During the course of the proceedings, appellant moved to have the United States Post Office joined as an involuntary plaintiff. The motion was denied.

The…