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INST. FOR SCIENTIFIC INFO. v. U.S. POSTAL SERVICE

No. 76-2055.

555 F.2d 128 (1977)

INSTITUTE FOR SCIENTIFIC INFORMATION, INC., Appellant, v. UNITED STATES POSTAL SERVICE.

United States Court of Appeals, Third Circuit.

Decided May 5, 1977.

Attorney(s) appearing for the Case

Irving R. Segal, Kimber E. Vought, John E. McKeever, Philadelphia, Pa., for appellant; Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., of counsel.

David W. Marston, U. S. Atty., Walter S. Batty, Jr., Asst. U. S. Atty., Chief, Appellate Section, William J. McGettigan, Asst. U. S. Atty., Philadelphia, Pa., for appellee; Arthur S. Cahn, Asst. Gen. Counsel, Rate Application Division, U. S. Postal Service, of counsel.

Before SEITZ, Chief Judge, and ALDISERT and HUNTER, Circuit Judges.

OPINION OF THE COURT

ALDISERT, Circuit Judge.

On this appeal from summary judgment in favor of the United States Postal Service, the issue presented is whether issues of "Current Contents", publications by the appellant Institute for Scientific Information [ISI], constitute "periodical publications", and thus qualify for second class mailing privileges, within the meaning of former 39 U.S.C. §§ 4351 and 4354.1 After...

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