September Term, 2010 FILED ON: MAY 27, 2011 United States Postal Service v. Postal Regulatory Commission

United States Court of Appeals
FOR THE DISTRICT OF COLUMBIA CIRCUIT
No. 10-1343 September Term, 2010
FILED ON: MAY 27, 2011
United States Postal Service,
Petitioner
v.
Postal Regulatory Commission
Respondents
Before: HENDERSON, TATEL and BROWN, Circuit Judges.
O R D E R
It is ORDERED by the court that the opinion filed by the court on May 24, 2011 be amended
as follows:
On page 7, line -9: insert “first” between “our” and “inquiry.”
On page 7, line -1, add the following footnote 4:
Our second inquiry will require us to proceed to Chevron step 24
because the phrase “due to” has an additional—and ambiguous—meaning,
which the Commission did not address. See infra pp. 9-11.
On page 10, lines 6-7, substitute
“due in part to” as well as “due only to”
for
“due in part to” as well as “due only to.”

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On page 11, line 11, substitute
latter
for
second
For the Court:
Mark J. Langer, Clerk
BY: /s/
Jennifer M. Clark
Deputy Clerk
2

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