WALKER v. POPENOE

No. 8875.

149 F.2d 511 (1945)

WALKER, Postmaster General of the United States, v. POPENOE et al.

United States Court of Appeals District of Columbia.

Decided May 28, 1945.


Attorney(s) appearing for the Case

Mr. Frederick Chait, of Washington, D. C., Attorney, Department of Justice, pro hac vice, by special leave of Court, with whom Assistant Attorney General Francis M. Shea and Messrs. Edward M. Curran, United States Attorney, of Washington, D.C., and Arnold Levy, Special Assistant to the Attorney General, were on the brief, for appellant. Mr. Daniel B. Maher, Assistant United States Attorney, of Washington, D. C., also entered an appearance for appellant.

Mrs. Virginia Collins Duncombe, of Washington, D. C. with whom Mr. Charles A. Horsky, of Washington, D. C., was on the brief, for appellees.

Before GRONER, Chief Justice, and EDGERTON and ARNOLD, Associate Justices.


EDGERTON, Associate Justice.

Appellees are the author and the publisher of a pamphlet called Preparing for Marriage, which appellant, the Postmaster General, has excluded from the mails. The District Court granted appellees a summary judgment enjoining appellant from refusing to carry the pamphlet.

The pamphlet contains detailed information and advice regarding the physical and emotional aspects of marriage. Appellees

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