Schillaci

In his Complaint plaintiff prays for an injunction and declaratory relief. He alleges that he is doing business as Regal Art Co. and is engaged in the business of distributing and selling through the mail motion pictures, slides and photographs. The Complaint further pleads that on November 28, 1957, the Post Office Department, acting administratively upon a Complaint filed the preceding day, took action pursuant to Title 39 U.S.C.A. § 259a. 1 In said Complaint 2 filed before the Postmaster General it was alleged that plaintiff was obtaining money for obscene, lewd, lascivious and indecent matter and giving information as to where, how and from whom such matter might be obtained, and that this activity *229 was being implemented by the use of the United States mails. In this administrative proceeding plaintiff filed an answer denying the charges. A hearing was thereafter had before a Hearing Examiner of the Post Office Department. A decision has not yet been rendered. On March 26, 1958, without prior notice or hearing, defendant, acting upon orders of the Acting General Counsel for the Department, issued an Order directing that, effective March 31, 1958, the Postmaster of the City…