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SUNSHINE PUBLISHING COMPANY v. SUMMERFIELD

Civ. A. No. 1125-59.

184 F.Supp. 767 (1960)

SUNSHINE PUBLISHING COMPANY, a corporation, Plaintiff v. Arthur E. SUMMERFIELD, individually and as Postmaster General of the United States, Defendant.

United States District Court District of Columbia.

May 20, 1960.

Attorney(s) appearing for the Case

O. John Rogge, New York City, Josiah Lyman, Washington, D. C., for plaintiff.

Oliver Gasch, U. S. Atty., Edward P. Troxell, Principal Asst. U. S. Atty., John F. Doyle, Asst. U. S. Atty., Harold D. Rhynedance, Jr., Asst. U. S. Atty., Washington, D. C., Donald B. MacGuineas, Atty. for Dept. of Justice, Andrew P. Vance, Washington, D. C., of counsel, for defendant.

YOUNGDAHL, District Judge.

Plaintiff is the publisher of "Sunshine and Health" and "Sun Magazine", two publications not unknown to the judicial process nor to the defendant.1 On January 16, 1958, three days after the United States Supreme Court held that the magazines were not obscene (and therefore not prohibited from the mails by 18 U.S.C. § 1461), the plaintiff applied for second-class mail rates. Thereafter, plaintiff and the...

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