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COMBINED COMMUNICATIONS CORP. v. U.S. POSTAL SERVICE

Nos. 88-5817, 88-5819.

891 F.2d 1221 (1989)

COMBINED COMMUNICATIONS CORPORATION; Nashville Banner Publishing Company, Plaintiffs-Appellants Cross-Appellees, v. UNITED STATES POSTAL SERVICE, Defendant-Appellee Cross-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided December 15, 1989.

Attorney(s) appearing for the Case

William R. Willis, Jr., Willis & Knight, Nashville, Tenn., Timothy J. May, David C. Todd (argued), David J. Farber, Patton, Boggs & Blow, Washington, D.C., Lawrence J. Aldrich, Gannett Co., Inc., Arlington, Va., Alan Marx, King & Ballow, Nashville, Tenn., for plaintiffs-appellants cross-appellees.

John L. DeWeerdt (argued), Asst. Gen. Counsel, U.S. Postal Service, Washington, D.C., Joe B. Brown, U.S. Atty., James C. Thomason, III, Asst. U.S. Atty., Nashville, Tenn., Grayson M. Poats, Assoc. Gen. Counsel, Joseph F. Wackerman, U.S. Postal Service, Washington, D.C., for defendant-appellee cross-appellant.

Before MARTIN, KRUPANSKY and MILBURN, Circuit Judges.

BOYCE F. MARTIN, Jr., Circuit Judge.

Combined Communications Corp. and the Nashville Banner Publishing Co. appeal the judgment of the district court denying them a postal refund for the payment of third-class rates for second-class mail. The United States Postal Service appeals the judgment of the district court finding its promulgation and implementation of Domestic Mail Manual § 425.226 to be an ultra vires act. For the reasons stated below we affirm...

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