ON CROSS-MOTIONS FOR SUMMARY JUDGMENT
COWEN, Senior Judge:
The plaintiff in this case is a nonprofit, educational organization which has been granted a permit by the United States Postal Service (USPS) to mail at the special bulk third-class rate. This is a subsidized rate which is available only to certain nonprofit organizations. During the time plaintiff's application for the permit was pending, a period of nearly 1 year, plaintiff made several mass mailings...
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