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UNITED PARCEL SERVICE, INC. v. U.S. POSTAL SERVICE

Nos. 98-1310, 98-1320 and 98-1336.

184 F.3d 827 (1999)

"Complex" UNITED PARCEL SERVICE, INC., Petitioner, v. UNITED STATES POSTAL SERVICE, Respondent. Alliance of Nonprofit Mailers, et al., Intervenors. Alliance of Nonprofit Mailers and Coalition of Religious Press Associations, Petitioners, v. United States Postal Service, Respondent. United Parcel Service, Inc., Intervenor. Niagara Telephone Company, Petitioner, v. United States Postal Service, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided July 23, 1999.

Attorney(s) appearing for the Case

David M. Levy argued the cause for the Alliance of Nonprofit Mailers and Coalition of Religious Press Associations.

John E. McKeever argued the cause for United Parcel Service, Inc.

Timothy E. Welch argued the cause for Niagara Telephone Company.

Daniel J. Foucheaux, Jr., Counsel, United States Postal Service, argued the cause for the United States Postal Service. Eric P. Koetting and Scott L. Reiter, Attorneys, United States Postal Service, were on brief.

Dana T. Ackerly, II, John M. Burzio, Thomas W. McLaughlin, Ian Volner, David C. Todd, Timothy J. May and Mark L. Pelesh were on brief for the Advertising Mail Marketing Association, et al. David L. Meyer, N. Frank Wiggins and Jeffrey J. Lopez entered appearances.

William J. Olson and John S. Miles were on brief for the Association of Priority Mail Users, Inc., et al.

Before: GINSBURG, HENDERSON and ROGERS, Circuit Judges.

Opinion for the Court filed PER CURIAM.

PER CURIAM:

The petitioners raise five challenges to the May 11, 1998 Opinion and Recommended Decision of the United States Postal Rate Commission (Commission), as approved by the United State Postal Service Board of Governors (Governors) on June 29, 1998. For the reasons set out below, we reject each of the challenges and deny the petitions for review.

I. Background

Under the Postal Reorganization...

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