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DOW JONES & CO., INC. v. U.S. POSTAL SERVICE

No. 96-1083.

110 F.3d 80 (1997)

DOW JONES & COMPANY, INC., Petitioner. v. UNITED STATES POSTAL SERVICE, Respondent. Advertising Mail Marketing Association, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided April 11, 1997.

Rehearing Denied June 5, 1997.

Attorney(s) appearing for the Case

Michael F. McBride, Washington, DC, argued the cause for petitioner. Linda K. Breggin, Washington, DC, was with him on the briefs. Rita M. Theisen, Washington, DC, entered an appearance.

Daniel J. Foucheaux, Jr., Chief Counsel, U.S. Postal Service, Alexandria, VA, argued the cause for respondent. Eric P. Koetting, Attorney, Washington, DC, was with him on the brief. Susan M. Duchek, Washington, DC, entered an appearance.

Michael F. McBride and Linda K. Breggin, Washington, DC, were on the brief for intervenor Gannett Co., Inc. Rita M. Theisen, Washington, DC, entered an appearance.

David R. Straus, Stephen M. Feldman, Carolyn P. Carmody, Timothy W. Bergin and Robert A. Saltzstein, Washington, DC, were on the brief for intervenors American Business Press, et al.

James R. Cregan, John M. Burzio and Timothy L. Keegan, Washington, DC, were on the joint brief for intervenors Magazine Publishers of America and Time Warner, Inc.

Before: SILBERMAN, WILLIAMS and HENDERSON, Circuit Judges.

Opinion for the Court filed by Circuit Judge WILLIAMS.

STEPHEN F. WILLIAMS, Circuit Judge:

We here review the decision of the Governors of the United States Postal Service ("Governors" or "Postal Service" or "Service") to adopt new postal rates and mail classifications recommended by the Postal Rate Commission ("Commission" or "PRC") in Docket MC95-1. Petitioner Dow Jones & Co., publisher of the Wall Street Journal, and intervenor Gannett Co., publisher...

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