MB FINANCIAL GROUP, INC. v. U.S. POSTAL SERVICE

No. 06-56267.

545 F.3d 814 (2008)

MB FINANCIAL GROUP, INC., a Delaware Corporation doing business as Union Affiliates Mortgage Company, Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE; United States of America, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Filed September 25, 2008.


Attorney(s) appearing for the Case

Steven S. Kane, San Diego, CA, for the plaintiff-appellant.

Ray E. Donahue, Washington, D.C., for the defendants-appellees.

Opinion by Judge SCHROEDER; Dissent by Judge TALLMAN.


SCHROEDER, Circuit Judge:

This is an unusual case involving the potential liability of the United States Postal Service ("USPS") for failing to make available a post office box it was obligated to provide for receipt of plaintiff's business mail. The district court dismissed the complaint pursuant to Federal Rule of Civil Procedure 12 for lack of jurisdiction and failure to state a claim, holding that the USPS was immune...

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