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NORTHERN AIR CARGO v. U.S. POSTAL SERVICE

Nos. 10-5385, 10-5402, 11-5149.

674 F.3d 852 (2012)

NORTHERN AIR CARGO, et al., Appellants v. UNITED STATES POSTAL SERVICE and Peninsula Airways, Inc., Appellees.

United States Court of Appeals, District of Columbia Circuit.

Decided April 3, 2012.

Attorney(s) appearing for the Case

Amy L. Brown argued the cause for appellants/cross-appellees. With her on the briefs were Pierre H. Bergeron and Jeremy W. Dutra.

Mitchell P. Zeff , Assistant U.S. Attorney, argued the cause for appellee United States Postal Service. With him on the brief were Ronald C. Machen, Jr. , U.S. Attorney, R. Craig Lawrence , Assistant U.S. Attorney, and Michael J. Elston , Chief Counsel, United States Postal Service.

Christopher T. Handman argued the cause for appellee/cross appellant Peninsula Airways, Inc. With him on the briefs were Robert E. Cohn , Patrick R. Rizzi , and Mary Helen Wimberly.

Before: SENTELLE, Chief Judge, SILBERMAN and WILLIAMS, Senior Circuit Judges.

Opinion for the Court filed by Senior Circuit Judge SILBERMAN.

Concurring opinion filed by Chief Judge SENTELLE.

SILBERMAN, Senior Circuit Judge.

This case is a partial primer as to how not to defend or adjudicate a challenge to agency action in federal district court. The Postal Service determined, in two informal adjudications, that Peninsula Airways ("PenAir") was qualified to carry (could be "tendered") "nonpriority bypass mail" on five...

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