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10/03/80 Associated Third Class v. United States Postal

October 3, 1980

SOCIETY FOR CRIPPLED CHILDREN AND ADULTS

v.

UNITED STATES POSTAL SERVICE, APPELLANT POSTAL RATE COMMISSION, ET AL .; ASSOCIATED THIRD CLASS MAIL

CRIPPLED CHILDREN AND ADULTS

v.

UNITED STATES POSTAL SERVICE POSTAL RATE



Before BAZELON, Senior Circuit Judge, and ROBINSON and MacKINNON, Circuit Judges. Opinion PER CURIAM.

UNITED STATES COURT OF APPEALS, DISTRICT OF COLUMBIA CIRCUIT

ASSOCIATED THIRD CLASS MAIL USERS, NATIONAL EASTER SEAL

USERS, NATIONAL EASTER SEAL SOCIETY FOR

COMMISSION, et al., APPELLANTS

Nos. 75-2227, 75-2228

October 3, 1980 1980.CDC.238

APPELLATE PANEL:

PER CURIAM DECISION

This litigation returns to us on remand by the Supreme Court *fn1 for reconsideration of our prior decision. *fn2 The occasion for the remand was the adoption of new procedures by the Board of Governors of the United States Postal Service relating to changes in postal rates. *fn3 Perceiving no basis upon which relief may now be appropriately granted, we remand the case to the District Court for disposition accordingly. I

The relevant events may be briefly summarized. *fn4 In 1975, by direction by the Board, the Postal Service requested a recommended decision by the Postal Rate Commission on proposals for new postage rates. *fn5 Thereafter, the Postal Service gave notice that it would effectuate temporary rate increases on a designated future date if the Commission's decision did not come forth by then. *fn6 Associated Third Class Mail Users then brought an action in the District Court to block the temporary increases. ATCMU argued centrally that the Postal Service's request was procedurally defective because, at the time of the Board's approval it did not have the specific rates before it, as allegedly was required by the Board's bylaws, and that temporary charges based upon that request could not legally be implemented. *fn7

The District Court agreed with ATCMU and enjoined operation of the temporary rates until such time as a valid request might be sent to the Commission. *fn8 However, we stayed the injunction, *fn9 and the temporary charges thus went into effect. Later, utilizing procedures unquestionably lawful, the Board authorized resubmission of the request and, that being done, the injunction expired by its own terms. Some months thereafter, the Commission announced its recommended decision, whereupon the Postal Service made the changes permanent.

Subsequently, we issued our decision affirming the District Court's injunction, essentially on the theory advanced by ATCMU. *fn10 The Postal Service petitioned for rehearing and suggested rehearing en banc; those efforts failing, *fn11 it sought a writ of certiorari from the Supreme Court. Meanwhile, and after rendition of our decision, the Board commenced rulemaking proceedings which culminated in revision of the operating procedures found violated. As amended, the Board's bylaws now provide:

The following matters are reserved for decision by the Board of Governors: ...

(h) Authorization of the Postal Service to request the Postal Rate Commission to submit a recommended decision on changes in postal rates, including specific authorization of the amount of revenue estimated to be required so that total estimated income and ...


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