ESQUIRE v. WALKER

No. 8899.

151 F.2d 49 (1945)

ESQUIRE, Inc., v. WALKER, Postmaster General.

United States Court of Appeals District of Columbia.

Decided June 4, 1945.

Writ of Certiorari Granted October 22, 1945.


Attorney(s) appearing for the Case

Mr. Bruce Bromley, of New York City, pro hac vice, by special leave of Court, with whom Mr. Hugh Lynch, Jr., of Washington, D. C., was on the brief, for appellant. Messrs. Morris L. Ernst, George S. Collins, Alexander Lindey, and John F. Harding, all of New York City, also were on the brief for appellant.

Mr. Marvin C. Taylor, Department of Justice, of Boston, Mass., pro hac vice, by special leave of Court, with whom Assistant Attorney General Francis M. Shea and Messrs. Arnold Levy and David Lloyd Kreeger, Special Assistants to the Attorney General, and Edward M. Curran, United States Attorney, of Washington, D. C., were on the brief, for appellee. Messrs. Charles B. Murray and Daniel B. Maher, Assistant United States Attorneys, both of Washington, D. C., also entered appearances for appellee.

Mr. Robert E. Coulson, of New York City, on behalf of Reader's Digest Association, Inc., Mr. Albert E. Brault, of Washington, D. C., on behalf of Authors' League of America, Inc., Mr. Charles A. Horsky, of Washington, D. C., on behalf of the American Civil Liberties Union, Mr. Arthur H. Clephane, of Philadelphia, Pa., on behalf of Curtis Publishing Company, and Mr. Elisha Hanson, of Washington, D. C., on behalf of American Newspaper Publishers Association, each filed briefs as amicus curiae, urging reversal.

Before MILLER, EDGERTON, and ARNOLD, Associate Justices.


Writ of Certiorari Granted October 22, 1945. See 66 S.Ct. 100.

ARNOLD, Associate Justice.

Esquire is a well known magazine of general circulation. It contains stories, articles, literary and dramatic reviews. Its contributors include distinguished authors, clergymen, and professors in our best educational institutions.

The Postmaster General revoked the second-class mailing privileges of this magazine, not...

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