This section contains the nature of the case and procedural background.

The UPW was threatening to instruct its members to refuse to handle, during the week of January 14, 1977, any postal packets going to or from the Republic of South Africa. Gouriet, (P), as a private citizen sued in court to enjoin such interference with the mails when the attorney general refused to bring the action himself. There is no doubt that such conduct on the part of the postal workers would constitute a criminal offense. P sought an injunction against the UPW to restrain the threatened conduct. There was no doubt that any harm from the postal workers in suspending mail from South Africa would not result in a breach of contract nor in any actionable tort by P against anyone; thus, there would be no private remedy at law.

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