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DOOR v. DONALDSON

No. 10904.

195 F.2d 764 (1952)

DOOR v. DONALDSON, Postmaster General.

United States Court of Appeals District of Columbia Circuit.

Decided January 31, 1952.

Attorney(s) appearing for the Case

David G. Bress, Washington, D. C., with whom Sheldon E. Bernstein, Washington, D. C., was on the brief, for appellant.

Ross O'Donoghue, Asst. U. S. Atty., Washington, D. C., with whom George Morris Fay, U. S. Atty. at the time the brief was filed, was on the brief, Washington, D. C., for appellee.

Charles M. Irelan, appointed U. S. Atty. subsequent to the argument in this case, Joseph M. Howard, Stafford R. Grady, and William R. Glendon, Asst. U. S. Attys., Washington, D. C., also entered appearances on behalf of the appellee.

Before EDGERTON, BAZELON and FAHY, Circuit Judges.

EDGERTON, Circuit Judge.

After a hearing that did not conform to § 5 of the Administrative Procedure Act, 60 Stat. 237, 5 U.S.C.A. § 1001 et seq., the Postmaster General found that motion picture films which the appellant distributed through the mails were obscene. He therefore stopped delivery of mail addressed to appellant. 64 Stat. 451, 39 U.S.C.A. § 259a. The District Court found that the films were obscene, concluded that the appellant did not...

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