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THE ENTERPRISE, INC. v. BOLGER

No. 84-5704.

774 F.2d 159 (1985)

THE ENTERPRISE, INC., Plaintiff-Appellee, v. William F. BOLGER, Postmaster General; Janet D. Steiger, Chairman Postal Rate Commission; Postal Rate Commission; and the U.S. Postal Service, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided October 9, 1985.

Attorney(s) appearing for the Case

John W. Gill, Jr., U.S. Atty., William R. Sonnenburg, Knoxville, Tenn., William Kanter (argued), Robert V. Zener, Attorney, Appellate Civil Div., Dept. of Justice, Washington, D.C., for defendants-appellants.

Buddy D. Perry (argued), Winchester, Tenn., for plaintiff-appellee.

Floyd Abrams, Magazine Publishers Association et al., New York City, amicus curiae.

W. Terry MaGuire, American Newspaper Publishers Ass'n, Washington, D.C., amicus curiae.

Robert Saltzstein, Stephen M. Feldman, Waltz & Saltzstein, Washington, D.C., amicus curiae.

Before ENGEL, MERRITT and KENNEDY, Circuit Judges.

PER CURIAM.

The United States Postal Service appeals the judgment of the United States District Court for the Eastern District of Tennessee declaring that certain postal regulations which accord second-class mailing privileges only to newspapers with at least fifty percent paid subscribers violate the First and Fifth Amendments. On appeal, the appellants contend that the district court was without jurisdiction over the case and challenge the district court's holding...

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