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GOVERNORS OF U. S. POSTAL SERV. v. U. S. POSTAL RATE COMM.

No. 80-1971.

654 F.2d 108 (1981)

The GOVERNORS OF the UNITED STATES POSTAL SERVICE, Petitioner, v. The UNITED STATES POSTAL RATE COMMISSION, Respondent, Southern Pacific Communications Company and GTE Telenet Communications Corporation, Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided May 29, 1981.

Attorney(s) appearing for the Case

Benjamin W. Heineman, Jr., Washington, D. C., with whom Joseph A. Califano, Jr., Louis A. Cox, Gen. Counsel and Harold J. Hughes, Associate Gen. Counsel, U. S. Postal Service, Washington, D. C., were on the brief, for petitioners.

David F. Stover, Gen. Counsel, U. S. Postal Rate Commission with whom Stephen A. Gold, Deputy Gen. Counsel and Ira M. Pesserilo, Atty., U. S. Postal Rate Commission, Washington, D. C., were on the brief, for respondent.

John V. Kenny, Washington, D. C., was on the brief, for intervenor, Southern Pacific Communications Co.

Donald E. Ward and Philip M. Walker, Washington, D. C., were on the brief, for intervenor, GTE Telenet Communications Corp.

Dissenting opinion filed by Circuit Judge J. SKELLY WRIGHT.

ROBB, Circuit Judge:

In this case we must resolve a dispute between two governmental agencies, the United States Postal Service and the Postal Rate Commission. Both these agencies have responsibilities under the Postal Reorganization Act, Pub.L. 91-375, 84 Stat. 719 (1970), codified at 39 U.S.C. § 101 et seq. (1976). Pursuant to that statute the Postal Service submitted to the Rate Commission a mail classification proposal to add to the Domestic Mail Classification...

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