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LEPAGE'S 2000, INC. v. POSTAL REGULATORY COM'N

Nos. 10-1031, 10-1294, 10-1033, 10-1279.

642 F.3d 225 (2011)

LEPAGE'S 2000, INC. and LePage's Products, Inc., Petitioners v. POSTAL REGULATORY COMMISSION, Respondent.

United States Court of Appeals, District of Columbia Circuit.

Decided June 7, 2011.

Attorney(s) appearing for the Case

David Himelfarb argued the cause for petitioners LePage's 2000, Inc. and LePage's Products, Inc. With him on the briefs were Daniel J. Kelly and Bonnie A. Vanzler .

Miriam R. Nemetz argued the cause for petitioner United States Postal Service. With her on the briefs was Kenneth S. Geller .

Daniel Tenny , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Tony West , Assistant Attorney General, Michael S. Raab , Attorney, Stephen L. Sharfman , General Counsel, Postal Regulatory Commission, R. Brian Corcoran , Deputy General Counsel, and Kenneth E. Richardson , Attorney.

Opinion for the Court by Senior Circuit Judge SILBERMAN.

SILBERMAN, Senior Circuit Judge.

The United States Postal Service, LePage's 2000, Inc., and LePage's Products, Inc. (the latter two collectively "LePage's"), seek review of a Postal Regulatory Commission order classifying the Service's licensing of its intellectual property for use on third-party mailing and shipping supplies as "nonpostal" under the Postal Accountability and Enhancement Act, and requiring the Service to discontinue that activity. The petitioners...

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