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UNITED STATES POSTAL SERV. v. BRENNAN

No. 741, Docket 78-6002.

574 F.2d 712 (1978)

UNITED STATES POSTAL SERVICE, Plaintiff-Appellee, v. Patricia H. BRENNAN and J. Paul Brennan d/b/a P. H. Brennan Hand Delivery, Defendants-Appellants.

United States Court of Appeals, Second Circuit.

Decided April 13, 1978.

Attorney(s) appearing for the Case

Gerald J. Houlihan, Asst. U. S. Atty., Rochester, N. Y., Richard J. Arcara, U. S. Atty., Western District of New York, Buffalo, N. Y., for plaintiff-appellee.

James M. Hartman, Rochester, N. Y. (Harris, Beach, Wilcox, Rubin & Levey, Michael C. Normoyle, Rochester, N. Y., of counsel), for defendants-appellants.

Mozart G. Ratner, Peter J. Carre, Washington, D. C., for amicus curiae, National Association of Letter Carriers.

Before FRIENDLY, MULLIGAN and MESKILL, Circuit Judges.

MULLIGAN, Circuit Judge:

The facts underlying this litigation are undisputed. Patricia H. Brennan and J. Paul Brennan, doing business under the name of P. H. Brennan Hand Delivery Service (the Brennans), have conducted since March, 1976 in downtown Rochester, New York, a service delivering for compensation letters and small to medium size parcels. They guarantee same day delivery in Rochester for all materials picked up from customers before twelve o'clock noon at...

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