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NAT. EASTER SEAL SOC., ETC. v. U. S. POSTAL SERVICE

Nos. 80-1491, 80-1492.

656 F.2d 754 (1981)

NATIONAL EASTER SEAL SOCIETY FOR CRIPPLED CHILDREN AND ADULTS, March of Dimes Birth Defects Foundation, American Lung Association, and St. Jude Children's Research Hospital, Petitioners, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided May 5, 1981.

Attorney(s) appearing for the Case

William J. Olson and Alan R. Swendiman, Washington, D.C., for petitioners.

Harold J. Hughes, Asst. Gen. Counsel, U.S. Postal Service, Washington, D.C., with whom Louis A. Cox, Gen. Counsel, and Gloria Brogan Flanagan, Atty., U.S. Postal Service, Washington, D.C., were on the brief, for respondent.

Dana T. Ackerly, David K. Flynn, and J. Edward Day, Washington, D.C., entered appearances for intervenors Direct Mail/Marketing Ass'n, Inc. and Associated Third Class Mail Users.

Before TAMM and MIKVA, Circuit Judges, and PHILIP NICHOLS, Jr., Judge, United States Court of Claims.

Opinion for the court filed by Circuit Judge MIKVA.

MIKVA, Circuit Judge:

In 1970, as part of Congress' comprehensive reform of postal administration, the Postal Service was directed to ensure "the establishment and maintenance of a fair and equitable classification system for all mail." 39 U.S.C. § 3623(c)(1) (1976). This case arises from a classification decision of the Governors of the Postal Service that implemented a worksharing discount for third...

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