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KERIN v. U.S. POSTAL SERVICE

No. 1308, Docket 96-6129.

116 F.3d 988 (1997)

William J. KERIN, Plaintiff-Appellee, v. UNITED STATES POSTAL SERVICE, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided July 7, 1997.

Attorney(s) appearing for the Case

Philip L. Steele, Hartford, CT, for Plaintiff-Appellee.

Constance A. Wynn, Appellate Staff, Civil Division, Department of Justice, Washington, DC (Frank W. Hunger, Assistant Attorney General, Civil Division, Department of Justice; Christopher Droney, United States Attorney for the District of Connecticut; Marc Richman, Appellate Staff, Department of Justice), for Defendant-Appellant.

Before: KEARSE and CALABRESI, Circuit Judges, and OBERDORFER, District Judge.

CALABRESI, Circuit Judge.

I. BACKGROUND

The plaintiff William J. Kerin owns the building and premises that the United States Postal Service uses as its South Windsor, Connecticut, postal facility. The office was built in 1968 pursuant to a Postal Service standard form agreement to lease ("Agreement to Lease") entered into by the Post Office Department (the predecessor of the Postal Service) and W.O. Kierstead, of which the plaintiff was then president. After...

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