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DOW JONES & CO., INC. v. POSTAL RATE COM'N, ETC.

Civ. A. No. 79-1292.

471 F.Supp. 455 (1979)

DOW JONES & COMPANY, INC., et al., Plaintiffs, v. POSTAL RATE COMMISSION OF the UNITED STATES et al., Defendants, Reader's Digest Association, Inc., Intervening Defendant.

United States District Court, District of Columbia.

June 14, 1979.

Attorney(s) appearing for the Case

Paula A. Jameson, Princeton, N. J., Raymond N. Shibley, Washington, D. C., for plaintiff Dow Jones.

W. Terry Maguire, Washington, D. C., for plaintiff National Newspaper Association.

Richard Littell, Washington, D. C., for plaintiffs American Newspaper Publishers Association and National Newspaper Association.

John H. E. Bayly, Jr., Washington, D. C., for defendants Postal Rate Commission, et al.

Timothy J. May, David C. Todd, Garret G. Rasmussen, Washington, D. C., for intervening defendant Reader's Digest Assn.

MEMORANDUM OPINION

GESELL, District Judge.

The Postal Rate Commission ("PRC") has instituted at its own initiative a proceeding under 39 U.S.C. § 3623. According to PRC Order No. 228, the proceeding will primarily address two issues: the appropriateness of assessing a surcharge on customers that use the Postal Service's "redtag" (i. e., expedited) second-class service, and, in the event that such...

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