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U.S. POSTAL SERVICE v. POSTAL REGULATORY COM'N

No. 13-1229.

747 F.3d 906 (2014)

UNITED STATES POSTAL SERVICE, Petitioner v. POSTAL REGULATORY COMMISSION, Respondent. GameFly, Inc., Intervenor.

United States Court of Appeals, District of Columbia Circuit.

Decided April 8, 2014.

Attorney(s) appearing for the Case

David C. Belt , Attorney, United States Postal Service, argued the cause for the petitioner. Morgan E. Rehrig , Attorney, was on brief. Stephan J. Boardman , Attorney, entered an appearance.

Jeffrey A. Clair , Attorney, United States Department of Justice, argued the cause for the respondent. Stuart F. Delery , Assistant Attorney General, Michael S. Raab , Attorney, Stephen L. Sharfman , General Counsel, Postal Regulatory Commission, R. Brian Corcoran , Deputy General Counsel, and Richard A. Oliver , Attorney, were on brief.

David M. Levy , John F. Cooney and Matthew D. Field were on brief for intervenor GameFly, Inc. in support of the respondent.

Opinion for the Court filed by Circuit Judge HENDERSON.

KAREN LECRAFT HENDERSON, Circuit Judge.

The United States Postal Service (USPS) seeks review of three orders of the Postal Regulatory Commission (Commission or PRC) implementing our mandate in GameFly, Inc. v. Postal Regulatory Commission (GameFly I), 704 F.3d 145 (D.C.Cir.2013). In GameFly I, the PRC had found that USPS violated the proscription of "undue or unreasonable discrimination" in 39 U.S.C. § 403(c) when...

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