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UPS WORLDWIDE FORWARDING, INC. v. U.S. POSTAL SRV.

No. 94-7423.

66 F.3d 621 (1995)

UPS WORLDWIDE FORWARDING, INC. v. UNITED STATES POSTAL SERVICE, Appellant. Air Courier Conference of America/International Committee (Intervenor in District Court).

United States Court of Appeals, Third Circuit.

Decided September 15, 1995.

Attorney(s) appearing for the Case

Jonathan R. Siegel (argued), Douglas N. Letter, United States Department of Justice, Civil Division, Appellate Staff, Washington, DC, for appellant, United States Postal Service.

John E. McKeever (argued), Robert L. Kendall, Jr., Karen L. Tomlinson, Schnader, Harrison, Segal & Lewis, Philadelphia, PA, for appellee, UPS Worldwide Forwarding, Inc.

L. Peter Farkas, Graham & James, Washington, DC, for appellee, Air Courier Conference of America/International Committee.

Before: BECKER, SCIRICA, and WOOD, Jr., Circuit Judges.

OPINION OF THE COURT

SCIRICA, Circuit Judge.

In this case, UPS Worldwide Forwarding seeks to prevent the United States Postal Service from implementing a new service for customers that ship significant quantities of international mail. In response, the Postal Service attacks UPS's standing to bring suit. The district court determined that UPS had standing but that the Postal Service exceeded its authority in promulgating the new program. We will reverse...

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