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DELL PUBLISHING CO. v. SUMMERFIELD

Civ. A. No. 2502-60.

198 F.Supp. 843 (1961)

DELL PUBLISHING CO., Inc., Plaintiff, v. Arthur J. SUMMERFIELD, Postmaster General, Defendant.

United States District Court District of Columbia.

October 28, 1961.

Attorney(s) appearing for the Case

William I. Denning, Washington, D. C., for plaintiff.

Sylvia A. Bacon, Asst. U. S. Atty., for defendant.

HOLTZOFF, District Judge.

This is an action for a declaratory judgment and an injunction against the Postmaster General to set aside his order revoking second-class mail privileges of certain publications issued by the plaintiff. The matter is now before the Court on cross motions for summary judgment. Necessarily, both sides, by making such motions, concede that there is no material question of fact but that the matter should be determined as a question of law.<...

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