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STUPY v. U.S. POSTAL SERVICE

No. 90-15496.

951 F.2d 1079 (1991)

Bruce STUPY, for himself and for others similarly situated, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, the National Rural Letter Carriers Association, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Decided December 17, 1991.

Attorney(s) appearing for the Case

Barbara Kaye Besser, Elfvin & Besser, Cleveland, Ohio, for plaintiff-appellant.

Stephen E. Alpern, Associate Gen. Counsel, Anthony W. DuComb, Senior Atty., U.S. Postal Service, Washington, D.C., for defendant-appellee U.S. Postal Service.

William B. Peer, Barr, Peer & Cohen, Washington, D.C., Gerald Barrett, Ward & Keenan, Ltd., Phoenix, Ariz., for defendant-appellee National Rural Letter Carriers Assn.

Before GOODWIN, SKOPIL, Jr. and CANBY, Circuit Judges.

GOODWIN, Circuit Judge:

Bruce Stupy brought this class action under section 1006 of the Postal Reorganization Act ("PRA"), 39 U.S.C. §§ 101-5605, to challenge the Postal Service's policy of providing an entry-level wage to letter carriers voluntarily reassigned from urban to rural areas. The district court dismissed the claim against the Postal Service on the ground that the PRA, 39 U.S.C. § 1006, does not confer a private right of action. The district...

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