The factual situation here presented is generally similar to that in Summerfield v. Sunshine Book Co., 1954, 95 U.S.App. D.C. 169, 221 F.2d 42, certiorari denied 1955, 349 U.S. 921, 75 S.Ct. 661, 99 L.Ed. 1253. The publications issued by Tour-lanes Publishing Co. include a tax guide and other innocuous matter, in addition to certain pamphlets or magazines which the Post Office Department found to be obscene. An order was issued by that Department, under 39 U.S.C.A. § 259a, directing the local postmaster to refuse to deliver mail to Tourlanes. Tourlanes applied to the District Court for relief. Judge Youngdahl, relying on the Sunshine case, gave judgment directing that the administrative order be amended “to cover only those publications which have been found to be obscene.”
On the. authority of Sunshine, we affirm in No. 12,969 the judgment of the District Court. On the strength of the statement of counsel for Tourlanes,
So ordered.
. We construe the order of the District Court as in effect forbidding the Post Of..fice Department to enforce the latter’s '' order in its present form, but allowing enforcement if it is appropriately modi- . fied. We think that was the real intent of the court’s order, and the' parties evi- ' dently so regarded it;
. The appeal hy Tourlanes from the denial of a preliminary injunction (No. 12,881) has become moot and will he dismissed.