Sunshine Book Company and Solair Union Naturisme, Inc. v. Arthur E. Summerfield, Individually and as Postmaster General of the United States

DANAHER, Circuit Judge,

with whom Circuit Judges Prettyman, Wilbur K. Miller and Bastían concur, Circuit Judge Fahy concurring in the result and stating his views separately: Appellants, Sunshine Book Company and Solair Union Naturisme, Inc., sought in the District Court to enjoin the Post Office Department from refusing to transmit by mail the February, 1955, issue of “Sunshine & Health” Magazine and the January-February, 1955, issue of Sun Magazine. A Hearing Examiner in the Post Office Department had decided that the named issues are nonmailable because obscene as that term is used in 18…