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SUMMERFIELD v. SUNSHINE BOOK COMPANY

No. 12026.

221 F.2d 42 (1954)

Arthur E. SUMMERFIELD, individually and as Postmaster General of the United States, Appellant, v. SUNSHINE BOOK COMPANY, Solair Union Naturisme, Inc., Commercial Distributors, Inc., and Margaret Brotherton, Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided December 16, 1954.

Writ of Certiorari Denied May 9, 1955.

Attorney(s) appearing for the Case

Mr. Edward H. Hickey, Atty., Department of Justice, Washington, D. C., with whom Messrs. Leo A. Rover, U. S. Atty., and Stephen W. Terry, Atty., Department of Justice, Washington, D. C., were on the brief, for appellant. Mr. Lewis A. Carroll, Asst. U. S. Atty., Washington, D. C., entered an appearance for appellant.

Mr. O. John Rogge, Washington, D. C., for appellees. Mr. Josiah Lyman, Washington, D. C., entered an appearance for appellees.

Mr. Edward de Grazia, Washington, D. C., filed a brief on behalf of American Civil Liberties Union, as amicus curiae, urging affirmance.

Before EDGERTON, WASHINGTON and DANAHER, Circuit Judges.

Writ of Certiorari Denied May 9, 1955. See 75 S.Ct. 661.

WASHINGTON, Circuit Judge.

This is an appeal from a decision of the United States District Court for the District of Columbia enjoining the enforcement of two orders of the Postmaster General of the United States.1 These orders were based on findings that appellees' publications were obscene within the meaning of 39 U.S.C.A. § 259a.2 They...

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