Pennington v. United States Postal Service

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

This case involves the preferential “red-tag” service afforded qualifying senders of second class mail under United States Postal Service regulations. Petitioner Samuel C. Pennington, publisher of a monthly antiques magazine, asserts that the present provision for red-tag service is unlawfully discriminatory under 39 U.S.C. § 403(c) (1971), and on that basis appeals a 1978 decision of the Board of Governors of the Postal Service upholding these regulations. More recently, the Board has directed the Postal Rate Commission to…