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AID ASS'N FOR LUTHERANS v. U.S. POSTAL SERVICE

Nos. 01-5449, 01-5450, 03-5065 and 03-5066.

321 F.3d 1166 (2003)

AID ASSOCIATION FOR LUTHERANS, Appellee, v. UNITED STATES POSTAL SERVICE, Appellant. American Bar Endowment, Appellee, v. UNITED STATES Postal Service, Appellant.

United States Court of Appeals, District of Columbia Circuit.

Decided March 14, 2003.

Attorney(s) appearing for the Case

Edward Himmelfarb, Attorney, United States Department of Justice, argued the cause for appellant. With him on the briefs were Roscoe C. Howard, Jr., United States Attorney, and Anthony J. Steinmeyer, Assistant Director, United States Department of Justice. R. Craig Lawrence and Vincent H. Cohen, Jr., Assistant United States Attorneys, entered appearance.

Geoffrey W. Peters argued the cause and filed the brief for appellee Aid Association for Lutherans.

William J. Olson, John S. Miles, and Herbert W. Titus were on the brief for amicus curiae Free Speech Defense and Education Fund, Inc. in support of appellee.

Sheila J. Carpenter argued the cause for appellee American Bar Endowment. With her on the brief was Richard Littell.

Before: EDWARDS, HENDERSON and ROGERS, Circuit Judges.

Opinion for the Court filed by Circuit Judge HARRY T. EDWARDS.

HARRY T. EDWARDS, Circuit Judge:

The 1990 amendment to the Postal Reorganization Act of 1970 ("PRA") bars the use of the reduced nonprofit third-class postage rate for mailings promoting any insurance policy if "the coverage provided by the policy" is "generally otherwise commercially available." 39 U.S.C. § 3626(j)(1)(B). In 1992, appellant United States Postal Service ("Postal Service" or...

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