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Initiative and Referendum Institute v. United States Postal Service

December 31, 2003

INITIATIVE AND REFERENDUM INSTITUTE, ET AL., PLAINTIFFS,
v.
UNITED STATES POSTAL SERVICE, DEFENDANT.



The opinion of the court was delivered by: Richard W. Roberts United States District Judge

ORDER

The defendant announced at the September 24, 2002 hearing in open court that it has now changed its articulated position from the one it took early in this litigation to one more favorable to plaintiffs on whether certain alternative channels of communication on exterior postal properties would violate 39 C.F.R. § 232.1. Defendant also pledged to issue a bulletin to its postmasters directing them to adhere to this changed position. The Court relied on defendant's changed position in deciding the pending summary judgment motions. Accordingly, for the reasons set forth in the accompanying Memorandum Opinion, it is hereby

ORDERED that if defendant has not done so already, defendant shall issue to all of its postal installations by January 15, 2004 the text of the USPS Proposed Postal Bulletin filed with this Court on October 4, 2002. It is further

ORDERED that defendant's motion for summary judgment [67] be, and hereby is, GRANTED. It is further

ORDERED that plaintiffs' motion for summary judgment [66], be, and hereby is, DENIED.

This is a final, appealable Order.

SIGNED this 31st day of December, 2003.

20031231

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