DELL PUBLISHING COMPANY v. DAY

No. 16885.

303 F.2d 766 (1962)

DELL PUBLISHING COMPANY, Inc., Appellant, v. J. Edward DAY, Postmaster General, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided May 31, 1962.


Attorney(s) appearing for the Case

Mr. William I. Denning, Washington, D. C., with whom Messrs. Alan F. Wohlstetter and Ernest H. Land, Washington, D. C., were on the brief, for appellant

Mr. John R. Schmertz, Jr., Asst. U. S. Atty., with whom Messrs. David C. Acheson, U. S. Atty., Nathan J. Paulson and Miss Sylvia A. Bacon, Asst. U. S. Attys., were on the brief, for appellee. Mr. David A. Rezneck, Asst. U. S. Atty., also entered an appearance for appellee.

Before WILBUR K. MILLER, Chief Judge, and BAZELON and WRIGHT, Circuit Judges.


PER CURIAM.

For the reasons stated by the District Judge, Dell Publishing Co. v. Summerfield, D.D.C., 198 F.Supp. 843, the Postmaster's action in revoking appellant's second-class mail permit was not "clearly wrong." Bates & Guild Co. v. Payne, 194 U.S. 106, 109, 24 S.Ct. 595, 48 L.Ed. 894; United States v. Shimer, 367 U.S. 374, 381-382, 81 S.Ct. 1554, 6 L.Ed...

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