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SUNSHINE BOOK COMPANY v. SUMMERFIELD

No. 12622.

249 F.2d 114 (1957)

SUNSHINE BOOK COMPANY and Solair Union Naturisme, Inc., Appellants, v. Arthur E. SUMMERFIELD, Individually and as Postmaster General of the United States, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided October 3, 1957.

Attorney(s) appearing for the Case

Mr. O. John Rogge, Washington, D. C., for appellants.

Mr. Donald B. MacGuineas, Atty. Dept. of Justice, with whom Messrs. Samuel D. Slade and Joseph Langbart, Attys., Dept. of Justice, were on the brief, for appellee.

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

Before EDGERTON, Chief Judge, and PRETTYMAN, WILBUR K. MILLER, BAZELON, FAHY, WASHINGTON, DANAHER and BASTIAN, Circuit Judges, sitting en banc. (Circuit Judge BURGER took no part in the hearing or consideration of this case.)

DANAHER, Circuit Judge, with whom Circuit Judges Prettyman, Wilbur K. Miller and Bastian concur, Circuit Judge Fahy concurring in the result and stating his views separately:

Appellants, Sunshine Book Company and Solair Union Naturisme, Inc., sought in the District Court to enjoin the Post Office Department from refusing to transmit by mail the February, 1955, issue of "Sunshine & Health" Magazine and the January-February, 1955, issue of Sun Magazine. A Hearing...

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