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NRA OF AMERICA v. USPS

February 2, 1976

THE NATIONAL RIFLE ASSOCIATION OF AMERICA, Plaintiff,
v.
UNITED STATES POSTAL SERVICE et al., Defendants


Thomas A. Flannery, United States District Judge.


The opinion of the court was delivered by: FLANNERY

[EDITOR'S NOTE: The following court-provided text does not appear at this cite in 407 F. Supp.]

ORDER

 FLANNERY, United States District Judge

 This matter came before the court on the parties' cross-motions for summary judgment. Having considered the arguments of the parties in their original and supplemental memoranda, and having heard the arguments of counsel, in accordance with the accompanying Memorandum Opinion, it is, by this court, this 2nd day of February, 1976,

 ORDERED that the motions of the parties for summary judgment be, and hereby are, denied without prejudice; and it is further

 ORDERED that this cause shall be remanded for an adversary hearing by an administrative law judge in accordance with the procedures set forth in 39 C.F.R. § 954 (1974), and for any administrative appeal permitted thereunder; and it is further

 ORDERED that a final decision of the Postal Service with regard to the issues raised at the adversary hearing shall issue within 60 days of the date of this Order; and it is further

 ORDERED that a status call is scheduled in this case for April 9, 1976 at 9:30 a.m. in Courtroom No. 5 of the United States District Courthouse.

 THOMAS A. FLANNERY, United States District Judge

 This matter is before the court on the parties' cross-motions for summary judgment. The action arises out of a series of decisions by the defendants with regard to the postal rates applicable to two of plaintiff's publications, as well as to other general mailings. Specifically, the United States Postal Service took action to:

 (a) deny the application of the National Rifle Association of America (NRA) for special second class postal rates for its new publication The American Hunter ;

 (b) revoke the special second class rate previously authorized for NRA's publication The American Rifleman ;

 (c) revoke NRA's non-profit third class permit authorized at Washington, D.C. The following is a review of the substance and procedure of ...


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