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NATIONAL ASSOCIATION OF TRAILER OWNERS, INC. v. DAY

No. 16453.

299 F.2d 137 (1962)

NATIONAL ASSOCIATION OF TRAILER OWNERS, INC., Appellant, v. J. Edward DAY, Postmaster General of the United States, Appellee.

United States Court of Appeals District of Columbia Circuit.

Decided February 8, 1962.

Attorney(s) appearing for the Case

Mr. Garland P. Thompson, Washington, D. C., with whom Mr. W. Byron Sorrell, Washington, D. C., was on the brief, for appellant.

Mr. John G. Laughlin, Jr., with whom Asst. Atty. Gen. William H. Orrick, Jr., and Mr. David C. Acheson, U. S. Atty., were on the brief, for appellee.

Before PRETTYMAN, BAZELON and BASTIAN, Circuit Judges.

BASTIAN, Circuit Judge.

This is an appeal from a judgment of the District Court dismissing appellant's [plaintiff] complaint seeking to hold invalid and in error an amended departmental decision of the judicial officer of the Post Office Department and for judgment declaring appellant's publication entitled to second class mailing privileges. Appellant is a Florida corporation engaged in the business of publishing and distributing a magazine known as "Mobile Living...

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