Appeal of P.S. Docket No. 3/137 -- ARGUS PUBLISHING COMPANY

 In the Matter of the Petition by	) September 25, 1975
					)
 ARGUS PUBLISHING COMPANY 		)
 147 Newark Pompton Turnpike 		)
 Pequannock, New Jersey 07440 		)
					)
 Denial of Application for Second-Class )
 Mail Privileges for "THE PEQUANNOCK 	)
 TOWNSHIP ARGUS CONTINUING THE 		)
 PEQUANNOCK TOWNSHIP BULLETIN" 		) P.S. Docket No. 3/137

 APPEARANCES:
					 No appearance by Petitioner
 					 Arthur S. Cahn, Esq.
					 Law Department
					 United States Postal Service
					 Washington, D.C. 20260
					 for Respondent
 Lussier, Edward F.

POSTAL SERVICE DECISION

The instant proceeding is before the undersigned on appeal by the Petitioner from the Decision and Order of Dismissal issued by Chief Administrative Law Judge William A. Duvall. In dismissing the petition for failure of the Petitioner to appear at the hearing Judge Duvall's decision pointed out the chronology of the case and the previous granting of a two-month continuance at Petitioner's request. The Decision also found from the evidence introduced at the hearing that the denial by Respondent of the Petitioner's application for a second-class mail permit for the above publication was amply justified.

Petitioner's appeal states that he had satisfied the Postmaster of Pequannock, N.J., and "Frankly, the June 18 hearing date was completely out of mind and forgotten about after meeting with the postmaster * * *." Respondent's Reply to the Appeal encloses a copy of a letter from the Pequannock Postmaster emphatically denying that he had indicated satisfaction or approval of the records presented by Petitioner to substantiate his application for second-class mail privileges. The documentary evidence of record which includes a number of reports from the Pequannock Postmaster is entirely consistent with the Postmaster's letter.

I find that Judge Duvall's decision was entirely justified and that no sound basis exists for reversing that decision and reopening the record for additional evidence. Accordingly, the Decision and Order of Dismissal from which the instant appeal was taken is hereby affirmed and the Petition is dismissed.