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NATIONAL RETIRED TEACHERS ASS'N v. U. S. POST. SERV.

No. 77-1590.

593 F.2d 1360 (1979)

NATIONAL RETIRED TEACHERS ASSOCIATION et al., Appellants, v. UNITED STATES POSTAL SERVICE et al.

United States Court of Appeals, District of Columbia Circuit.

Decided February 16, 1979.

As Amended February 26, 1979.

Attorney(s) appearing for the Case

Jack Lahr, Washington, D. C., with whom Ruth P. Roland and Jerry R. Selinger, Washington, D. C., were on brief, for appellants.

Kenneth M. Raisler, Asst. U. S. Atty., Washington, D. C., with whom Earl J. Silbert, U. S. Atty., John A. Terry, Peter E. George and Stephen S. Cowen, Asst. U. S. Attys., Washington, D. C., were on brief, Robert N. Ford and David G. Hetzel, Asst. U. S. Attys., Washington, D. C., for appellees.

Before McGOWAN, LEVENTHAL and MacKINNON, Circuit Judges.

Opinion for the Court filed by LEVENTHAL, Circuit Judge.

LEVENTHAL, Circuit Judge:

At issue in this case is the validity of Postal Service Manual § 134.57, a regulation issued by the United States Postal Service (USPS) on August 26, 1975.1 That regulation defines the conditions under which nonprofit organizations qualified for special third-class mailing privileges under § 300.221 of the Domestic Mail Classification Schedule...

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