U.S. Court of Appeals for the D.C. Circuit, 1962

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

Dell Publishing Company, Inc. v. J. Edward Day, Postmaster General
U.S. Court of Appeals for the D.C. Circuit · Decided May 31, 1962 · Miller, Bazelon, Wright
303 F.2d 766; 113 U.S. App. D.C. 1; 1962 U.S. App. LEXIS 4958 (Federal Reporter, Second Series)

Counsel

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.

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

Cases that cite this one

10 later published cases cite this decision.

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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.

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