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FEDERAL EXPRESS CORP. v. U.S. POSTAL SERVICE

No. 97-5793.

151 F.3d 536 (1998)

FEDERAL EXPRESS CORPORATION, Plaintiff-Appellee, v. UNITED STATES POSTAL SERVICE, Defendant-Appellant.

United States Court of Appeals, Sixth Circuit.

Decided July 31, 1998.

Attorney(s) appearing for the Case

Dwayne S. Byrd (briefed), R. Larry Brown (argued and briefed), Federal Express Corporation, Memphis TN, for Federal Express Corp.

John C. Hoyle (briefed), Barbara C. Biddle (briefed), Jeffrey Clair (argued), U.S. Dept. of Justice, Civil Division, Appellate Staff, Washington, DC, for U.S. Postal Service.

L. Peter Farkas (briefed), Farkas & Manelli, Washington, DC, for Air Courier Conference of America.

Kaethe B. Schumacher (briefed), Schnader, Harrison, Segal & Lewis, Philadelphia, PA, John E. McKeever (briefed), Piper & Marbury, Philadelphia, PA, for United Parcel Service.

Before: KRUPANSKY, SILER, and COLE, Circuit Judges.

OPINION

KRUPANSKY, Circuit Judge.

The defendant-appellant United States Postal Service ("the Postal Service" or "USPS"), on interlocutory appeal certified under 28 U.S.C. § 1292(b), has attacked the district court's rejection of its motion to dismiss, for lack of subject matter jurisdiction, the complaint of plaintiff-appellee Federal Express Corporation ("FedEx"), which alleged that the Postal Service had...

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