United Parcel Service, Inc., a New York Corporation, and United Parcel Service, Inc., and Ohio Corporation v. United States Postal Service

OPINION OF THE COURT

GARTH, Circuit Judge.

This is an appeal from a final order of the district court which permanently enjoined the defendant United States Postal Service (hereafter Postal Service) from engaging in a parcel post experiment until it obtained approval from the Postal Rate Commission, in compliance with 39 U.S.C. §§ 3622-25. We affirm.

I

In 1970 Congress enacted the Postal Reorganization Act of 1970, 39 U.S.C. §§ 101 et seq. The Act created the Postal Service as an independent unit of the executive branch, 39 U.S.C. § 201. It also created the Postal Rate Commission as a separate…