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DIRECT MAIL/MARKETING A. v. UNITED STATES POSTAL SERV.

No. 74-1272.

501 F.2d 717 (1974)

DIRECT MAIL/MARKETING ASSOCIATION, INC., Appellant, v. UNITED STATES POSTAL SERVICE.

United States Court of Appeals, District of Columbia Circuit.

Decided June 28, 1974.

Attorney(s) appearing for the Case

David E. McGiffert, Washington, D. C., for appellant. Dana T. Ackerly, New Canaan, Conn., also entered an appearance for appellant.

Stephen F. Eilperin, Atty., Dept of Justice, with whom Irving Jaffe, Acting Asst. Atty. Gen., Earl J. Silbert, U.S. Atty., and Michael H. Stein, Atty., Dept. of Justice, were on the brief, for appellee.

Before WRIGHT and WILKEY, Circuit Judges, and JAMESON, Senior District Judge.

J. SKELLY WRIGHT, Circuit Judge:

Direct Mail/Marketing Association, Inc. (DMMA), plaintiff-appellant, sought in the District Court a declaration1 that a schedule of temporary mail rates implemented by the United States Postal Service violated Section 403(c) of the Postal Reorganization Act of 1970,2 39 U.S.C. § 403(c) (1970), by working an "undue or unreasonable discrimination" against users of regular...

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