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ESQUIRE v. WALKER

Civil Action No. 22822.

55 F.Supp. 1015 (1944)

ESQUIRE, Inc., v. WALKER, Postmaster General.

District Court of the United States for the District of Columbia.

July 15, 1944.

Attorney(s) appearing for the Case

Cravath, DeGersdorff, Swaine & Wood, Bruce Bromley, and John F. Harding, all of New York City, and Hugh Lynch, Jr., Hogan & Hartson, and Howard Boyd, all of Washington, D. C., for plaintiff.

Benedict S. Deinard, of Dept. of Justice, of Washington, D. C., for defendant.

DAVIDSON, Justice.

The Postmaster General of the United States revoked the second-class mailing permit of the plaintiff. It seeks to enjoin the enforcement of the order so made. The question is, was the action of the Postmaster General authorized by law? By order of the highest court a rule was long ago announced: "The conclusion of a head of an executive department upon a matter of fact within his jurisdiction will not...

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