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H. W. WILSON CO. v. UNITED STATES POSTAL SERV.

No. 934, Docket 78-6013.

580 F.2d 33 (1978)

The H. W. WILSON COMPANY, Plaintiff-Appellee, v. UNITED STATES POSTAL SERVICE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 7, 1978.

Attorney(s) appearing for the Case

Robert B. Fiske, Jr., U. S. Atty. for the Southern District of New York, New York City, Mary C. Daly, Asst. U. S. Atty. for the Southern District of New York, New York City, for defendant-appellant.

John L. Warden, Sullivan & Cromwell, New York City, for plaintiff-appellee.

Before HAYS, INGRAHAM and MANSFIELD, Circuit Judges.

INGRAHAM, Circuit Judge:

This case presents us with an important issue of first impression in this circuit—whether several publications, including the Readers' Guide to Periodical Literature and Index of Legal Periodicals, are periodicals as that term is used in 39 U.S.C. §§ 4351 and 4354 (1962), and are therefore entitled to second class mailing privileges. These publications are published by plaintiff-appellee, The H. W. Wilson Company...

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