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DELL PUBLISHING COMPANY, Inc., Appellant, v. J. Edward DAY, Postmaster General, Appellee.

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." Administrative Procedure Act, § 10(e), 5 U.S.C. § 1009 (e). The judgment of the District Court, sustaining the Postmaster's decision, is accordingly

Affirmed.

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DELL PUBLISHING COMPANY v. DAY
(May 31, 1962)