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

No. 15-1297.

841 F.3d 509 (2016)

UNITED STATES POSTAL SERVICE, Petitioner, v. POSTAL REGULATORY COMMISSION, Respondent. Alliance of Nonprofit Mailers, et al., Intervenors.

United States Court of Appeals, District of Columbia Circuit.

Decided November 15, 2016.

Attorney(s) appearing for the Case

David C. Belt , Attorney, United States Postal Service, argued the cause and filed briefs for the petitioner. Stephan J. Boardman , Chief Counsel, United States Postal Service, entered an appearance.

Daniel Tenny , Attorney, United States Department of Justice, argued the cause for the respondent. Benjamin C. Mizer , Principal Deputy Assistant Attorney General, Michael S. Raab , Attorney, David A. Trissell , General Counsel, Postal Regulatory Commission, Christopher J. Laver and Anne J. Siarnacki , Deputy General Counsels and Elisabeth S. Shellan , Attorney were with him on brief.

David M. Levy , Matthew D. Field , Ian D. Volner , Washington, DC, Jeremiah L. Morgan and William J. Olson , Vienna, VA, were on brief for the mailer intervenors in support of the Postal Regulatory Commission.

Before: HENDERSON and GRIFFITH, Circuit Judges, and WILLIAMS, Senior Circuit Judge.

The Postal Accountability and Enhancement Act of 2006 authorizes the Postal Regulatory Commission (Commission) to regulate the rates of the United States Postal Service's (Postal Service) market-dominant products. See 39 U.S.C. §§ 3621-29. Although annual price increases for

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