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

D.C. Circuit

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

303 F.2d 766, 113 U.S. App. D.C. 1, 1962 U.S. App. LEXIS 4958

Court of Appeals for the D.C. Circuit·Decided May 31, 1962·No. 16885·Published·Cited by 11 cases

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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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.

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

Pincite

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Opinion

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