Emery Worldwide Airlines, Inc. v. United States

OPINION ON DEFENDANT’S MOTION TO DISMISS AND THE PARTIES’ CROSS-MOTIONS FOR SUMMARY JUDGMENT

REGINALD W. GIBSON, Senior Judge.

INTRODUCTION

Plaintiff, Emery Worldwide Airlines, Inc. (“Emery”), contracted with the United States Postal Service (“USPS” or “defendant”), in April of 1997, to operate a nationwide network for mail delivery under defendant’s Priority Mail service program. Due to a multiplicity of reasons, plaintiff and defendant renegotiated a number of the contract terms, the most important of which concerns plaintiffs pricing model or compensation. Emery’s April 3, 2000 six count…