Dell Publishing Co. v. Summerfield

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.

Section 224 of Title 39 of the United States Code * provides that mailable matter of the second-class shall embrace all newspapers and…