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NEWSPAPER ASS'N. v. POSTAL REGULATORY COM'N.

No. 12-1367.

734 F.3d 1208 (2013)

NEWSPAPER ASSOCIATION OF AMERICA, Petitioner v. POSTAL REGULATORY COMMISSION, Respondent National Newspaper Association, Inc., et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 15, 2013.

Attorney(s) appearing for the Case

Robert A. Long Jr. argued the cause for petitioner Newspaper Association of America. With him on the briefs were Mark W. Mosier and Matthew J. Berns . Kurt A. Wimmer entered an appearance.

Steven C. Douse argued the cause for intervenors National Newspaper Association, Inc. et al. in support of petitioner. With him on the briefs were William J. Olson , Herbert W. Titus , John S. Miles , and Tonda F. Rush.

Barbara Camens was on the brief for amicus curiae Newspaper Guild-CWA in support of petitioner Newspaper Association of America.

Jefrey Clair , Attorney, U.S. Department of Justice, argued the cause for respondent. With him on the brief were Stuart F. Delery , Acting Assistant Attorney General, Michael S. Raab , Attorney, Stephen L. Sharfman , General Counsel, Postal Regulatory Commission, and R. Brian Corcoran , Deputy General Counsel.

Morgan E. Rehrig , Attorney, United States Postal Service, argued the cause for intervenors United States Postal Service, et al. in support of respondent. With her on the brief were Stephan J. Boardman and Thomas W. McLaughlin.

Opinion for the Court filed by Senior Circuit Judge RANDOLPH.

RANDOLPH, Senior Circuit Judge:

In August 2012, the Postal Regulatory Commission issued an order approving a negotiated service agreement for the sale of postage between the United States Postal Service and Valassis Direct Mail, Inc., a national marketing company. Under the agreement, Valassis receives discounted postage for some of its advertisement mailers once its mail volume hits a predetermined threshold. Petitioner...

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