Sportique Fashions, Inc. v. William Sullivan

597 F.2d 664 SPORTIQUE FASHIONS, INC. and Sportique II Fashions, Inc., Plaintiffs- Appellants, v. William SULLIVAN, Lim P. Lee, Lee Stalard, William H. Lawrence, Wilmer Bennett, William D. Chronert, Thomas E. Brennan, Manuel Maldonado, Dudley Wakefield, Jr., and Does 1-100, Defendants- Appellees. No. 76-3264. United States Court of Appeals, Ninth Circuit. March 21, 1979. William T. McGivern, Jr., Asst. U. S. Atty., San Francisco, Cal., for defendants-appellees. Roger J. Marzulla, Matthews & Marzulla, San Jose, Cal., for plaintiffs-appellants. Before TRASK and HUG, Circuit Judges, and DICK YIN WONG, * District Judge. TRASK, Circuit Judge. 1 The nature of this case was well-put by the district judge in his Findings of Fact: 2 "Inscribed on the Main Post Office in New York City is the famous quotation:Not snow, nor rain, nor heat, nor gloom of night stays these couriers from the swift completion of their appointed rounds. 3 The issue before this court is whether a negligence action for damages lies against individual United States Postal Department officials when mail is Not delivered swiftly, or at all." Findings of Fact at 1. 4 The district court entered judgment against…