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MAIL ORDER ASS'N OF AMERICA v. U.S. POSTAL SERVICE

No. 91-1058, et al.

986 F.2d 509 (1993)

MAIL ORDER ASSOCIATION OF AMERICA, Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided January 15, 1993.

Opinion filed February 23, 1993.

As Amended March 10, 1993.

Attorney(s) appearing for the Case

Daniel J. Foucheaux, Jr., Washington, DC, for U.S. Postal Service.

Douglas N. Letter, Attorney, Dept. of Justice, with whom Anthony J. Steinmeyer, Jacob M. Lewis and Jonathan R. Siegel, Attorneys, Dept. of Justice, Washington, DC, joined in the response to the motion, for the Dept. of Justice.

Before WALD, WILLIAMS and HENDERSON, Circuit Judges.

Opinion for the court filed by Circuit Judge WALD.

WALD, Circuit Judge:

This appeal presents two narrow but complex statutory questions: First, when a private party seeks judicial review of a Postal Service order, may the Postal Service represent itself when its position is at odds with that of the Department of Justice? Second, does the Postal Reorganization Act ("PRA") permit the United States Postal Service ("USPS" or "Postal Service"), to seek judicial...

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