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FLAMINGO INDUSTRIES (USA) v. U.S. POSTAL SERV.

No. 01-15963.

366 F.3d 789 (2004)

FLAMINGO INDUSTRIES (USA) LTD.; Arthur Wah, Plaintiffs-Appellants, v. UNITED STATES POSTAL SERVICE, an entity created pursuant to the Postal Reorganization Act, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

April 30, 2004.

Attorney(s) appearing for the Case

George P. Eshoo, Esq., George P. Eshoo & Associates, Redwood City, CA, for Plaintiffs-Appellants.

Patricia J. Kenney, Esq., Office of the U.S. Attorney, San Francisco, CA, Stephan J. Boardman, Esq., U.S. Postal Service, Washington, DC, for Defendant-Appellee.

Before LAY, THOMPSON, and TALLMAN, Circuit Judges.

ORDER

This matter is before us on remand from the United States Supreme Court. United States Postal Service v. Flamingo Industries (USA) Ltd., et al., 540 U.S. 736, 124 S.Ct. 1321, 158 L.Ed.2d 19 (2004). In light of the Supreme Court's conclusion that the United States Postal Service is not a person separate from the United States under the Sherman Act, 15 U.S.C. § 7, and...

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