DOW JONES & CO. v. UNITED STATES POSTAL SERVICE

Nos. 80-2285 to 80-2289, 80-2300.

656 F.2d 786 (1981)

DOW JONES & COMPANY, INC., Petitioner, v. UNITED STATES POSTAL SERVICE and United States of America, Respondents, Time Incorporated, Newsweek, Inc., Samuel C. Pennington, American Newspaper Publishers Ass'n, Direct Mail/Marketing Ass'n, Inc., American Business Press, Reader's Digest Association, Inc., Intervenors. NEWSWEEK, INC., Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent, Time, Incorporated, Dow Jones & Company, Inc., American Newspaper Publishers Ass'n, Direct Mail/Marketing Ass'n, Inc., American Business Press, Reader's Digest Association, Inc., Intervenors. NEWSWEEK, INC., Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent, Time Incorporated, Reader's Digest Association, Inc., Intervenors. READER'S DIGEST ASSOCIATION, INC., Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent, Dow Jones & Company, Inc., American Business Press, Time Incorporated, Newsweek, Inc., Intervenors. TIME INCORPORATED, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent, Newsweek, Inc., American Business Press, Inc., Dow Jones & Company, Inc., Reader's Digest Association, Inc., Intervenors. READER'S DIGEST ASSOCIATION, INC., Appellant, v. UNITED STATES POSTAL SERVICE, et al., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided May 22, 1981.


Attorney(s) appearing for the Case

Timothy J. May, Washington, D. C., with whom David C. Todd and Steven M. Schneebaum, Washington, D. C., were on the brief for Reader's Digest Association, Inc., petitioner in Nos. 80-2288 and 80-2300 and intervenor in Nos. 80-2285, 80-2286, 80-2287 and 80-2289.

Raymond N. Shibley, Washington, D. C., with whom M. Reamy Ancarrow, W. Gilbert Faulk, Jr., and W. Terry Maguire, Washington, D. C., were on the brief for Dow Jones & Co., Inc., petitioner in No. 80-2285, appellee in No. 80-2300 and Dow Jones & Co., Inc., et al. intervenors in Nos. 80-2286, 80-2288 and 80-2289. Paula A. Jameson, New York City, for Dow Jones & Co., Inc.

Justin R. Wolf, Louise C. Powell and George H. Rothschild, Jr., Washington, D. C., were on the brief for Time, Inc., petitioner in No. 80-2289 and appellee in No. 80-2300, intervenor in Nos. 80-2285, 80-2286, 80-2287 and 80-2288.

Toni K. Allen, Jay A. Resnick, Stephen M. Truitt and Daniel H. Squire, Washington, D. C., were on the brief for Newsweek, Inc., petitioner in Nos. 80-2286 and 80-2287 and appellee in No. 80-2300, and intervenor in Nos. 80-2285, 80-2288 and 80-2289.

Frances G. Beck, Asst. Gen. Counsel, U. S. Postal Service, Washington, D. C., with whom Louis A. Cox, Gen. Counsel, Daniel J. Foucheaux, Jr., Eric P. Koetting and Gerald J. Robinson, U. S. Postal Service, Washington, D. C., were on the brief for respondent/appellee.

David R. Straus, Robert C. McDiarmid and Patricia E. Stack, Spiegel & McDiarmid, Washington, D. C., were on the brief for Samuel C. Pennington, intervenor in No. 80-2285.

Dana T. Ackerly and David K. Flynn, Washington, D. C., were on the brief for Direct Mail/Marketing Association, Inc., intervenor in Nos. 80-2285 and 80-2286.

Robert A. Saltzstein, Washington, D. C., for American Business Press, intervenor in Nos. 80-2285, 80-2286, 80-2288 and 80-2289.

Before ROBB, WILKEY and GINSBURG, Circuit Judges.


Opinion for the Court filed by Circuit Judge ROBB.

ROBB, Circuit Judge:

This is an appeal from a decision of the Governors of the United States Postal Service (USPS) concerning the sub-classifications and rates applicable to second-class mail. The issue presented is whether the rates approved by the Governors were established through a procedure violative of the Postal Reorganization Act, Pub.L. No. 91-375, 84 Stat. 719 (1970), codified at 39 U.S.C. §...

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