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DIRECT MAIL ADV. ASS'N v. UNITED STATES POSTAL SERV.

No. 72-1065.

458 F.2d 813 (1972)

DIRECT MAIL ADVERTISING ASSOCIATION, Inc., et al., v. UNITED STATES POSTAL SERVICE et al., Appellants.

United States Court of Appeals, District of Columbia Circuit.

Decided February 22, 1972.

Petition for Rehearing Denied March 15, 1972.

Attorney(s) appearing for the Case

Mr. Joseph B. Scott, Atty., Department of Justice, of the bar of the Supreme Court of California, pro hac vice, by special leave of Court, with whom Mr. L. Patrick Gray, III, Asst. Atty. Gen., Messrs. Harold H. Titus, Jr., U.S. Atty., Alan S. Rosenthal, Atty., Department of Justice, Marvin H. Morse, Asst. Gen. Counsel, United States Postal Service, and Israel Convisser, Atty., United States Postal Service, were on the brief, for appellants. Mr. Morton Hollander, Atty., Department of Justice, also entered an appearance for appellants.

Mr. David E. McGiffert, Washington, D.C., with whom Messrs. William D. Iverson, and J. Edward Day, Washington, D.C., were on the brief, for appellees.

Before McGOWAN, MacKINNON and ROBB, Circuit Judges.

MacKINNON, Circuit Judge:

The Direct Mail Advertising Association, and several other substantial users of third-class postal services (hereafter, Direct Mailers) herein challenge the right of the United States Postal Service (Postal Service) under the Postal Reorganization Act of 1970, 39 U.S.C. § 101 et seq. (1970) to impose certain rates temporarily upon third-class mail which the Postal Service has requested the Postal Rate Commission to recommend as permanent...

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