Northern Air Cargo v. United States Postal Service

MEMORANDUM OPINION

EMMET G. SULLIVAN, District Judge.

On December 3, 2010, the United States Postal Service (the “Postal Service”) granted an equitable tender of nonpriority mainline bypass mail to Peninspla Airways, Inc. (“PenAir”) on five mainline routes in rural Alaska pursuant to 39 U.S.C. § 5402(g)(5)(c) (“ § 5402(g)(5)(C)”). This equitable tender is now being challenged by three mainline carriers — Northern Air Cargo (“NAC”), Tatonduk Outfitters Ltd d/b/a Everts Air Cargo (“Everts”), and Lynden Air Cargo LLC (“Lynden”) (collectively, “plaintiffs”). Specifically, plaintiffs challenge the…