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PENNINGTON v. UNITED STATES POSTAL SERVICE

No. 78-1899.

627 F.2d 534 (1980)

Samuel C. PENNINGTON, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent, Magazine Publishers Association, Inc., Time Incorporated, American Newspaper Publishers Association and the National Newspaper Association, The American Business Press, Inc., Dow Jones and Company, Inc., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided June 26, 1980.

Rehearing Denied July 24, 1980.

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

This case involves the preferential "red-tag" service afforded qualifying senders of second class mail under United States Postal Service regulations. Petitioner Samuel C. Pennington, publisher of a monthly antiques magazine, asserts that the present provision for red-tag service is unlawfully discriminatory under 39 U.S.C. § 403(c) (1971), and on that basis appeals a 1978 decision...

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