ASSOCIATION OF AM. PUB., INC. v. GOVERNORS OF U.S. POST. SERV.

Nos. 72-1641, 72-1726.

485 F.2d 768 (1973)

ASSOCIATION OF AMERICAN PUBLISHERS, INC., et al. v. The GOVERNORS OF the UNITED STATES POSTAL SERVICE et al., Respondents, Direct Mail Advertising Association, Inc., et al., Intervenors. ASSOCIATED THIRD CLASS MAIL USERS, Petitioner, v. The GOVERNORS OF the UNITED STATES POSTAL SERVICE, Respondent, J. C. Penney Company, Inc., and United Parcel Service, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 1973.


Attorney(s) appearing for the Case

Ian D. Volner, Washington, D. C., with whom Richard M. Schmidt, Jr., Washington, D. C., was on the brief, for petitioners in No. 72-1641. Paul Dobin, Washington, D. C., also entered an appearance for petitioners in No. 72-1641.

J. Edward Day, with whom Lee A. Monroe, Washington, D. C., was on the brief, for petitioner in No. 72-1726.

Stephen F. Eilperin, Atty., Dept. of Justice, for respondent. Alan S. Rosenthal, Atty. Dept. of Justice, Louis A. Cox, Marvin H. Morse and Israel Convisser, Attys. U. S. Postal Service, also entered appearances for respondents.

David E. McGiffert, Washington, D. C., was on the brief for intervenor, Direct Mail Advertising Assn. in No. 71-1641.

Robert L. Kendall, Jr. and Frederick C. Belen, were on the brief for intervenor, United Parcel Service, in No. 71-1641 and 71-1726.

David C. Todd, Washington, D. C., was on the brief for intervenor Parcel Post Assn., in No. 72-1641.

Joel P. Stern was on the brief for intervenor J. C. Penney Co., Inc., in Nos. 72-1641 and 72-1726.

Joseph H. Sharlitt and Neal E. Krucoff, Washington, D. C., entered appearances for intervenor, Mail Advertising Corp. of America, in No. 72-1641.

Before BAZELON, Chief Judge, TAMM, Circuit Judge, and WYZANSKI, Senior United States District Judge for the District of Massachusetts.


WYZANSKI, Senior District Judge:

In these two actions, brought on the basis of the original jurisdiction conferred on this court by Postal Reorganization Act of 1970, 39 U.S.C. § 3628, Association of American Publishers, Inc., American Library Association, and National Association of College Stores, Inc., (all being petitioners in the first action, No. 72-1641) and Associated Third Class Mail Users, (petitioner in the second action, No. 72-1726) seek review of...

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