One, Incorporated, a Corporation v. Otto K. Olesen, Individually and as Postmaster of the City of Los Angeles

ROSS, District Judge.

The plaintiff, One Incorporated, a California corporation, is the publisher of the magazine entitled “One”, which carries with it the designation, “The Homosexual Magazine”, and is published monthly in the City of Los Angeles, California. The defendant, Otto K. Olesen, is the Postmaster of the City of Los Angeles, California.

Plaintiff delivered to the United States Post Office at Los Angeles, California, for transmission to various parts of the United States, several hundred copies of the October 1954 issue of “One”, and was subsequently notified by the defendant that all…