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