Dell Publishing Company, Inc. v. J. Edward Day, Postmaster General

U.S. Court of Appeals for the D.C. Circuit
Dell Publishing Company, Inc. v. J. Edward Day, Postmaster General, 303 F.2d 766 (D.C. Cir. 1962)
113 U.S. App. D.C. 1; 1962 U.S. App. LEXIS 4958

Dell Publishing Company, Inc. v. J. Edward Day, Postmaster General

Opinion

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.2d 908. See also, United States v. Drum, 368 U.S. 370, 376, 82 S.Ct. 408, 7 L.Ed.2d 360. Based on a reasonable interpretation of the controlling statute, his action was neither “arbitrary, capricious,” nor “an abuse of discretion.” Administrativi Procedure Act, § 10(e), 5 U.S.C. § 1003 (e). The judgment of the District Court, sustaining the Postmaster’s decision, is accordingly

Affirmed.

Reference

Full Case Name
DELL PUBLISHING COMPANY, Inc., Appellant, v. J. Edward DAY, Postmaster General, Appellee
Cited By
11 cases
Status
Published