United States Postal Service(TM) 



 In the Matter of the Petition by

 IDEAL PUBLISHING CORP.,
 295 Madison Avenue,
 New York, New York 10017

 Revocation of Second-Class Mail Privileges for "MOVIE LIFE"

 P.S. Docket No. 1/18
 

 March 27, 1972
 

 William A. Duvall Director, Office of Hearing Examiners
 

 APPEARANCES:
 Marion E. Harrison, Esq. 
 Reeves & Harrison
 1701 Pennsylvania Avenue, N.W. 
 Washington, D.C. 20006 for Petitioner

 Arthur S. Cahn, Esq. Law Department
 United States Postal Service
 Washington, D.C. 20260 for Respondent

INITIAL DECISION AND ORDER ON MOTION TO DISMISS

On October 1, 1971, with the agreement of the parties, it was ordered (1) that further proceedings in this matter be suspended pending the issuance of the Initial Decision of the Hearing Examiner in P.S. Docket No. 1/13, a proceeding involving the proposed revocation of second-class mailing privileges then in effect for a different publication of the Petitioner herein, and (2) that the said Initial Decision in P.S. Docket No. 1/13 be deemed to be applicable to this case.

On March 17, 1972, the Initial Decision of the Hearing Examiner in P.S. Docket No. 1/13 was issued, in which it was recited that the regulation upon which the proposed revocation of the second-class mail permit for the publication there involved was held by the United States District Court for the District of Columbia to be invalid, and the Postmaster General was instructed to grant second- class mail entry for the affected publication. ( Sterling House Incorporated v. Blount, et al. , CA #1968-69, USDC, DC, Oct. 8, 1971) Accordingly, the Hearing Examiner ordered that the notice of proposed annulment of second-class mail privileges of the publication which was the subject of P.S. Docket No. 1/13 be dismissed.

The issue in the instant proceeding is the same issue that was resolved in Petitioner's favor in the Sterling House case, supra.

In view of the foregoing facts and circumstances, including the agreement of the parties adverted to earlier, IT IS ORDERED that the proposed annulment of second-class mail privileges for the publication "MOVIE LIFE" dated August 19, 1971, be, and the same hereby is, dismissed.