Saunders

Saunders v. Olesen

Good Law
163 F. Supp. 938·1958 U.S. Dist. LEXIS 2915
United States District Court, Southern District of CaliforniaJanuary 13, 1958Civ. No. 1221-57California497 words

Opinion

lead Opinion

Tolin, J.

Plaintiff seeks issuance of a permanent injunction directed to defendant as Postmaster of the United States Post Office at Los Angeles, California.

On or about October 23, 1957, the Post Office Department ordered said Postmaster to intercept, withhold from delivery to plaintiff and return to the senders all of plaintiff’s mail (with stated exceptions) addressed to him under either of his business names, at Los Angeles, California.

*939 The order followed an administrative hearing which has been conducted ac-. cording to the prescribed procedures within the Post Office Department. Within the framework provided for administrative action in matters of this kind, the Post Office Department had determined “* * * that the United States mails are being used by: E & S Photos; E & S Sales, and their agents and representatives as such, at Los Angeles, California, in violation of Section 259a of Title 39, United States Code, which prohibits the obtaining, or attempting to obtain, remittances of money or property of any kind through the mails for any obscene, lewd, lascivious, indecent, filthy, or vile article, matter, thing, device, or substance, * *

The administrative record was the only…

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