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Walter B. STEVENS et al., Appellants, v. Arthur E. SUMMERFIELD, Postmaster General, et al., Appellees

United States Court of Appeals for the District of Columbia Circuit1958-05-22No. No. 14099
257 F.2d 205

Authorities cited

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Opinion

majority opinion

PER CURIAM.

This is an appeal from a judgment of the District Court, dismissing plain tiff s-appellants’ complaint, which sought to enjoin the Postmaster General from barring from the mails certain envelopes carrying printed matter placed thereon by plaintiffs-appellants. Judge Keech’s memorandum, D.C.D.C.1957, 151 F.Supp. 343, states the facts, and concludes, that the materials inscribed on the envelopes rendered them within the prohibition of 18 U.S.C. § 1718 (1952), which declares nonmailable “matter otherwise mailable by law, upon the envelope * * * of which * * * is * * * printed * * * language * * * calculated by the terms * * * and obviously intended to reflect injuriously upon the character or conduct of another * * *.” On consideration, we discern no basis for disturbing the action of the District Court in dismissing the complaint for equitable relief by way of an injunction.

Affirmed.