Dell Publishing Company, Inc. v. J. Edward Day, Postmaster General
DELL PUBLISHING COMPANY, Inc., Appellant, v. J. Edward DAY, Postmaster General, Appellee
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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Cited by 10 cases
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- Standard Rate and Data Service, Inc. v. United States Postal Service
- Knight Newspapers, Inc. v. United States of America and Edward L. Baker, Individually and as Postmaster at Detroit, Michigan
- Robertson v. Cameron
- Holland v. Hannan
- Fischer v. Kaylor
- Eastern Central Motor Carriers Ass'n v. United States
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