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SUMMERFIELD v. PARCEL POST ASSOCIATION, INC.

No. 15591.

280 F.2d 673 (1960)

Arthur E. SUMMERFIELD, Individually and as Postmaster General, Appellant, v. PARCEL POST ASSOCIATION, INC., et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided June 16, 1960.

Attorney(s) appearing for the Case

Mr. Arthur H. Fribourg, Atty., Dept. of Justice, with whom Asst. Atty. Gen. George C. Doub, Messrs. Oliver Gasch, U. S. Atty., and Samuel D. Slade, Atty., Dept. of Justice, were on the brief, for appellant.

Mr. Paul A. Porter, Washington, D. C., with whom Messrs. George Bunn and Roy C. Frank, Washington, D. C., were on the brief, for appellees.

Before PRETTYMAN, Chief Judge, and DANAHER and BASTIAN, Circuit Judges.

DANAHER, Circuit Judge.

The Postmaster General's order promulgating new fourth class mail rates was published in the Federal Register November 25, 1959, effective February 1, 1960 (24 Fed.Reg. 9477-78). The complaint in the District Court charged that the order failed to give effect to standards established by the Congress in the "Postal Policy Act of 1958."1 Appellants2 moved to dismiss but the District

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