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AIR COURIER CONFERENCE v. U.S. POSTAL SERVICE

Civ. A. No. 89-557-JRR.

762 F.Supp. 86 (1991)

AIR COURIER CONFERENCE OF AMERICA/INTERNATIONAL COMMITTEE, International Express Carriers Conference, DHL Airways, Inc., Dworkin-Cosell Interair Courier Services, Inc., Federal Express Corp., Intertrade Courier International, Inc., TNT Skypak, Inc., and UPS Air Forwarding, Inc., Plaintiffs, v. UNITED STATES POSTAL SERVICE, Defendant.

United States District Court, D. Delaware.

April 18, 1991.

Attorney(s) appearing for the Case

Arthur G. Connolly, Jr. and Arthur G. Connolly, III, Connolly Bove, Lodge & Hutz, Wilmington, Del., Robert L. Kendall, Jr., John E. McKeever and Susan Ginsburg, Schnader, Harrison, Segal & Lewis, Philadelphia, Pa., for plaintiffs.

William C. Carpenter, U.S. Atty., D. Del., and Kent Jordan, Asst. U.S. Atty., Wilmington, Del., William T. Alvis and Eric P. Koetting, U.S. Postal Service, Washington, D.C., for defendant.

ROTH, District Judge.

I am prepared to rule on the motions at this time.

The issue that has been presented by the motions is: Was the United States Postal Service ("Postal Service") within its statutory authority under 39 U.S.C. § 407(a) to establish and change its rates for On-Demand Express Mail International Service, or was the Postal Service required to submit such desired rate changes to the United States Postal Rate Commission ("Commission") for...

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