United States Postal Service v. Patricia H. Brennan and J. Paul Brennan D/B/A P. H. Brennan Hand Delivery

MULLIGAN, Circuit Judge:

The facts underlying this litigation are undisputed. Patricia H. Brennan and J. Paul Brennan, doing business under the name of P. H. Brennan Hand Delivery Service (the Brennans), have conducted since March, 1976 in downtown Rochester, New York, a service delivering for compensation letters and small to medium size parcels. They guarantee same day delivery in Rochester for all materials picked up from customers before twelve o’clock noon at a rate which is less than that charged by the United States Postal Service (USPS). On February 23, 1977 USPS brought a civil action…