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RASMUSSEN v. UNITED STATES

No. 19677.

421 F.2d 776 (1970)

Paul A. RASMUSSEN et al., Appellants, v. UNITED STATES of America et al., Appellees.

United States Court of Appeals, Eighth Circuit.

February 5, 1970.

Attorney(s) appearing for the Case

Norton M. Hatlie, St. Paul, Minn., on brief for appellants.

Reed Johnston, Jr., Atty., Dept. of Justice, Washington, D. C., for appellees; William Ruchelshaus, Asst. Atty. Gen., and Alan S. Rosenthal, Atty., Dept. of Justice, Washington, D. C., and Robert G. Renner, U. S. Atty., Minneapolis, Minn., on the brief.

Paul Rodgers, Gen. Counsel, Washington, D. C., amicus curiae, National Association of Regulatory Utility Commissioners.

Before VAN OOSTERHOUT, Chief Judge, and MATTHES and HEANEY, Circuit Judges.

VAN OOSTERHOUT, Chief Judge.

This is a timely appeal from final order entered by the district court (Judge Larson) dismissing plaintiffs' action for declaratory and injunctive relief against the Postmaster General with respect to discontinuance of certain railroad mail transportation upon the ground that the plaintiffs lack standing to seek judicial review.

The material facts are not in dispute. The Postmaster General, prior to September 6, 1968, had authorized...

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