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WISNIEWSKI v. RODALE, INC.

No. 06-1305.

510 F.3d 294 (2007)

David WISNIEWSKI, on behalf of himself and all others similarly situated v. RODALE, INC. David Wisniewski, Appellant.

United States Court of Appeals, Third Circuit.

Filed December 13, 2007.

Attorney(s) appearing for the Case

Daniel B. Allanoff (argued), Meredith, Cohen, Greenfogel & Skirnich, Philadelphia, PA for Appellant.

Susan E. Wild, Gross, McGinley, LaBarre & Eaton, Allentown, PA, Lara M. Krieger, Manatt, Phelps & Phillips, Los Angeles, CA Gregory A. Clarick (argued), Manatt, Phelps & Phillips, New York, NY, for Appellee.

Before: SLOVITER, SMITH, and WEIS, Circuit Judges.

OPINION OF THE COURT

SMITH, Circuit Judge.

This appeal requires us to determine whether § 3009 of the Postal Reorganization Act, 39 U.S.C. § 3009 (2000), which regulates the shipment of unordered merchandise, provides an implied private right of action. The District Court dismissed David Wisniewski's § 3009 claim on the ground that no implied private right of action exists under this statute. Based on our review of the statute and applicable...

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