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SEARS, ROEBUCK & CO. v. U.S. POSTAL SERVICE

No. 15-5330.

844 F.3d 260 (2016)

SEARS, ROEBUCK & CO., et al., Appellants v. UNITED STATES POSTAL SERVICE, Appellee.

United States Court of Appeals, District of Columbia Circuit.

Decided December 20, 2016.

Attorney(s) appearing for the Case

David M. Levy , Washington, DC, argued the cause for appellants. With him on the briefs were John F. Cooney , Moxila A. Upadhyaya , and Katie M. Wright , Washington, DC.

Peter C. Pfaffenroth , Assistant U.S. Attorney, argued the cause for appellee. With him on the brief were R. Craig Lawrence , Assistant U.S. Attorney, Stephan J. Boardman , Chief Counsel, U.S. Postal Service, and Alice L.A. Covington , Appellate Counsel.

Before: Srinivasan and Pillard, Circuit Judges, and Edwards, Senior Circuit Judge.

This case arises from Appellants' — Sears, Roebuck and Co. ("Sears"), Segerdahl Graphics, Inc. ("Segerdahl"), and Aspen Marketing Services, LLC ("Aspen") — use of the United States Postal Service ("Postal Service") for delivery of bulk mailings. In 2009, Appellants mailed over 8.2 million folded self...

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