Walter B. Stevens v. Arthur E. Summerfield, Postmaster General

257 F.2d 205, 103 U.S. App. D.C. 201, 1958 U.S. App. LEXIS 4473

• Court: Court of Appeals for the D.C. Circuit
• Decided: May 22, 1958
• Docket: 14099_1
• Status: Published

Opinion

PER CURIAM.

This is an appeal from a judgment of the District Court, dismissing plain tiff s-appellants’ complaint, which sought to enjoin the Postmaster General from barring from the mails certain envelopes carrying printed matter placed thereon by plaintiffs-appellants. Judge Keech’s memorandum, D.C.D.C.1957, 151 F.Supp. 343, states the facts, and concludes, that the materials inscribed on the envelopes rendered them within the prohibition of 18 U.S.C. § 1718 (1952), which declares nonmailable “matter otherwise mailable by law, upon the envelope * * * of which * * * is * * * printed * * * language * * * calculated by the terms * * * and obviously intended to reflect injuriously upon the character or conduct of another * * *.” On consideration, we discern no basis for disturbing the action of the District Court in dismissing the complaint for equitable relief by way of an injunction.

Affirmed.