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CURRIER v. POTTER

No. 02-35232.

379 F.3d 716 (2004)

Carl A. CURRIER; David Bar; Willard Johnson; Seattle Housing and Resource Effort, a Washington non-profit corporation, individually and on behalf of others similarly situated, Plaintiffs-Appellants, v. John E. POTTER, Postmaster General of the United States, individually and in his official capacity; Dale E. Zinser, Seattle District Manager of the United States Postal Service, individually and in his official capacity; United States Postal Service, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn May 28, 2003.

Resubmitted July 27, 2004.

Filed August 12, 2004.

Attorney(s) appearing for the Case

David Girard and Casey Trupin (argued), Seattle, WA, for the plaintiffs-appellants.

Robert D. McCallum, Assistant Attorney General, Barbara C. Biddle, and Irene M. Solet (argued), Attorneys, Appellate Staff, Civil Division, United States Department of Justice, Washington, D.C.; John L. McKay, Jr., United States Attorney, Seattle, WA; Mary Anne Gibbons, General Counsel, David G. Karro, and Stephan J. Boardman, Attorneys, Civil Practice, United States Postal Service, Washington, D.C., for the defendants-appellees.

Caroline M. Brown and Thomas W. Beimers, Washington, D.C.; Maria Foscarinis, Pallavi Rai, and Jeremy Rosen, Washington, D.C., for amicus curiae National Law Center on Homelessness & Poverty in support of the plaintiffs-appellants.

Before O'SCANNLAIN, GOULD, Circuit Judges, and BOLTON, District Judge.

O'SCANNLAIN, Circuit Judge:

We must decide various regulatory, statutory, and constitutional challenges to United States Postal Service policies regarding general delivery mail service and the provision of no-fee postal boxes to homeless persons.

I

Carl Currier, David Bar, and Willard Johnson are homeless persons in Seattle, Washington. Lacking physical addresses, they have found it difficult to receive mail. Although some homeless shelters will...

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