National Retired Teachers Association v. United States Postal Service

LEVENTHAL, Circuit Judge:

At issue in this case is the validity of Postal Service Manual § 134.57, a regulation issued by the United States Postal Service (USPS) on August 26, 1975. 1 That regulation defines the conditions under which nonprofit organizations qualified for special third-class mailing privileges under § 300.221 of the Domestic Mail Classification Schedule (DMCS) 2 may receive the lower third-class bulk nonprofit rate for matter mailed by them. Specifically, § 134.57 limits the availability of the nonprofit rate to matter owned by a qualified nonprofit organization; prohibits a…