Appeal of H.E. Docket No. 5/116 -- NUGGET, INC.



 In the Matter of the Petition by 	)
 					)
 NUGGET, INC., 				)
				   	) 
 and its application for entry of the 	) H.E. Docket No. 5/116
 publication known as "NUGGET" as 	)
 second-class matter. 			)

 Goff, Abe McGregor

 POST OFFICE DEPARTMENT WASHINGTON, D. C.

FINAL DEPARTMENTAL DECISION

BY THE GENERAL COUNSEL

The publisher of "Nugget" magazine filed a petition for an order directing the Director, Division of Mail Classification, to show cause why his proposed denial of petitioner's application for a second-class permit should not be reversed.

The Director filed an answer alleging that the June and July 1957 issues are dominated by pictures and text of an obscene character so as to render them nonmailable under Section 1461, Title 18, U.S.C.

At the hearing the August and September 1957 issues of "Nugget" were accepted in evidence for determination by the Hearing Officer as to their mailability.

The Hearing Officer found that all four issues are obscene and recommended that the application for second-class entry be denied. No exceptions were filed by the petitioner.

After examination of the issues of the magazine, the Hearing Officer's findings are approved. The application should be denied.

Dated this 6th day of January, 1958.