ASSOCIATED THIRD CLASS MAIL v. U. S. POSTAL SERV.

No. 78-1065.

600 F.2d 824 (1979)

ASSOCIATED THIRD CLASS MAIL USERS, Appellant, v. UNITED STATES POSTAL SERVICE et al.

United States Court of Appeals, District of Columbia Circuit.

Decided March 9, 1979.

Rehearing Denied April 3, 1979.


Attorney(s) appearing for the Case

J. Edward Day, Washington, D.C., for appellant.

Roger P. Craig, Deputy Gen. Counsel, U.S. Postal Service, Washington, D.C., with whom Barbara Allen Babcock, Asst. Atty. Gen., Louis A. Cox, Gen. Counsel, U.S. Postal Service, Earl J. Silbert, U.S. Atty., and Ronald R. Glancz, Atty., Dept. of Justice, Washington, D.C., were on brief, for appellee United States Postal Service.

Peter J. Carre, Washington, D.C., with whom Mozart G. Ratner, Washington, D.C., was on the brief, for intervenor-appellee National Association of Letter Carriers.

Charles R. Work, Washington, D.C., with whom Lewis A. Rivlin, Washington, D.C., was on the brief, for amicus curiae National Mass Retailing Institute urging reversal.

Before WRIGHT, Chief Judge, WILKEY, Circuit Judge, and FLANNERY, District Judge.


Opinion for the court filed by Chief Judge J. SKELLY WRIGHT.

Dissenting opinion filed by Circuit Judge WILKEY.

J. SKELLY WRIGHT, Chief Judge:

This appeal is from the District Court's grant of summary judgment in favor of the United States Postal Service in a suit challenging the Service's construction of the century-old legislation which establishes and defines the current Government monopoly over the delivery of mail. Appellant, the Associated Third...

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