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DUN & BRADSTREET v. U.S. POSTAL SERVICE

No. 1645, Docket 91-6047.

946 F.2d 189 (1991)

The DUN & BRADSTREET CORPORATION FOUNDATION, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided October 10, 1991.

Attorney(s) appearing for the Case

Michael D. Hess, New York City (Christina LaPolla, White and Case, of counsel), for plaintiff-appellant.

Lisa A. Jonas, Asst. U.S. Atty., S.D. New York, (Roger S. Hayes, Acting U.S. Atty., Marla Alhadeff, Asst. U.S. Atty., S.D. New York, of counsel), for defendant-appellee.

Before OAKES, Chief Judge, and PRATT and ALTIMARI, Circuit Judges.

ALTIMARI, Circuit Judge:

Plaintiff-appellant The Dun & Bradstreet Corporation Foundation ("D & B") appeals from a judgment entered in the United States District Court for the Southern District of New York (Peter K. Leisure, Judge), dismissing its complaint for failure to state a cause of action as well as for lack of subject matter jurisdiction. See Fed.R.Civ.P. 12(b). The central question presented by this appeal is whether the United States...

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