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ZIPEE CORP. v. U.S. POSTAL SERVICE

No. CV 99-1290-MA.

140 F.Supp.2d 1084 (2000)

ZIPEE CORP., a Washington corporation, and Zipee.com, Inc., an Oregon corporation, Plaintiffs, v. UNITED STATES POSTAL SERVICE, Defendant.

United States District Court, D. Oregon.

December 12, 2000.

Attorney(s) appearing for the Case

Stephen F. English, Robert B. Lowry, Bullivant Houser Bailey, Portland, OR, James R. Myers, Kilpatrick Stockton LLP, Charlotte, NC, Kenneth Godlewski, Kilpatrick Stockton, LLP, Washington, DC, for Plaintiffs.

Kristine Olson, United States Attorney, District of Oregon, William W. Youngman, Assistant United States Attorney, Portland, OR, Rosemarie Christofolo, Keith Beauchamp, Patricia Norris, Jennifer Van Kirk, Barry Willits, Lewis & Roca, Phoenix, AZ, for Defendant.

OPINION & ORDER

MARSH, District Judge.

The background to this litigation has been set forth in my prior opinion of March, 27, 2000, and will not be repeated here. Following discovery, both parties have moved for summary judgment. In addition, the parties have waived a jury. There are no genuine issues of material fact; what remains is a dispute regarding the state of the law and application of that law to the facts. The central issue is whether the term...

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