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NORTHERN AIR CARGO v. U.S. POSTAL SERVICE

Civil Action No. 10-2076 (EGS).

789 F.Supp.2d 120 (2011)

NORTHERN AIR CARGO, et al., Plaintiffs, v. UNITED STATES POSTAL SERVICE, Defendant, and Peninsula Airways, Inc., Defendant-Intervenor.

United States District Court, District of Columbia.

June 10, 2011.

Attorney(s) appearing for the Case

Jeremy William Dutra, Kevin M. Blair, Amy L. Brown, Squire Sanders & Dempsey, LLP, Washington, DC, for Plaintiffs.

Mitchell P. Zeff, U.S. Attorney's Office, Washington, DC, for Defendant.

Christopher Todd Handman, Patrick Robert Rizzi, Robert Elliot Cohn, Hogan Lovells U.S. LLP, Washington, DC, for Defendant-Intervenor.

MEMORANDUM OPINION

EMMET G. SULLIVAN, District Judge.

On December 3, 2010, the United States Postal Service (the "Postal Service") granted an equitable tender of nonpriority mainline bypass mail to Peninsula Airways, Inc. ("PenAir") on five mainline routes in rural Alaska pursuant to 39 U.S.C. § 5402(g)(5)(c) ("§ 5402(g)(5)(C)"). This equitable tender is now being challenged by three mainline carriers — Northern Air Cargo ("NAC")...

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