TIME, INCORPORATED; Newsweek, Inc.; The Reuben H. Donnelley Corporation; Mail Advertising Service Association International; Direct Mail/Marketing Association, Inc.; Mail Order Association of America; National Association of Greeting Card Publishers; American Business Press, Inc.; Associated Third Class Mail Users; American Retail Federation; Council of Public Utility Mailers; United Parcel Service of America, Inc., Petitioners,
v.
UNITED STATES POSTAL SERVICE, Respondent,
Direct Mail/Marketing Association, Inc.; Dow Jones & Company; The National Association of Greeting Card Publishers; Association of American Publishers; The Recording Industry Association of America, Inc.; United Parcel Service of America, Inc.; American Newspaper Publishers Association; Advertisers Distribution Services; Advertisers Postal Service Corp.; Magazine Publishers Association; Classroom Publishers Association; March of Dimes Birth Defects Foundation; National Newspaper Association; Mail Order Association of America; Parcel Shippers Association; Time, Incorporated; Newsweek, Inc.; Council of Public Utility Mailers; American Retail Federation; American Bankers Association, Intervenors.
United States Court of Appeals, Second Circuit.https://leagle.com/images/logo.png
Submitted March 1, 1983.
Decided June 8, 1983.
Attorney(s) appearing for the Case
David C. Todd, Patton, Boggs & Blow, Washington, D.C., submitted brief, for petitioner Mail Order Ass'n of America.
Eugene E. Threadgill, Connole & O'Connell, Washington, D.C., submitted brief, for petitioners American Retail Federation and Council of Public Utility Mailers.
George P. Williams, III, Robert L. Kendall, Jr., John E. McKeever, Margaret S. Woodruff, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., submitted brief for petitioner United Parcel Service of America, Inc.
Louis A. Cox, Gen. Counsel, Daniel J. Foucheaux, Jr., Asst. Gen. Counsel, Leslie A. Clark, Richard T. Cooper, Eric P. Koetting, Scott L. Reiter, U.S. Postal Service, Washington, D.C. (Joseph A. Califano, Jr., Dewey, Ballantine, Bushby, Palmer & Wood, Washington, D.C., of counsel), submitted brief, for respondent U.S. Postal Service.
John M. Burzio, Thomas W. McLaughlin, Hydeman, Mason, Burzio & Lloyd, Washington, D.C., Charles M. Waygood, Olwine, Connelly, Chase O'Donnell & Wehyer, New York City, submitted brief, for intervenor Time, Inc.
Toni K. Allen, Susan D. Sawtelle, Wald, Harkrader & Ross, Washington, D.C. (Diana M. Daniels, Newsweek, Inc., New York City, of counsel), submitted brief, for intervenor Newsweek, Inc.
Dana T. Ackerly, David L. Harfst, Covington & Burling, Washington, D.C., Robert L. Sherman, New York City, submitted brief, for intervenor Direct Mail/Marketing Ass'n, Inc.
David Minton, Loomis, Owen, Fellman & Howe, Washington, D.C., submitted brief, for intervenor Magazine Publishers Ass'n.
David F. Stover, Stephen L. Sharfman, Shelley S. Dreifuss, Washington, D.C., Postal Rate Com'n, submitted brief, for Postal Rate Com'n as amicus curiae.
Before LUMBARD, MESKILL and KEARSE, Circuit Judges.
United States Court of Appeals, Second Circuit.
MESKILL, Circuit Judge:
This decision should bring to an end a major portion of the fifth general ratemaking proceeding under the Postal Reorganization Act of 1970, 39 U.S.C. §§ 101 et seq. (Act), a proceeding which has spawned two lengthy decisions by this Court, see Time, Inc. v. United States Postal Service,685 F.2d 760 (2d Cir.1982); Newsweek, Inc. v. United States Postal Service,
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