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USPS v. Flamingo Industries

Docket No.: 02-1290
Certiorari Granted: May 27 2003
Argued: December 1, 2003
Decided: February 25, 2004

Topics:

Sherman, Economic Activity, Antitrust, Administrative Procedure, Bivens action, Civil Rights Act, Civil Rights Act of 1964, Civil Service Reform Act, Federal Tort Claims, First Amendment, OSHA, Privacy Act, Section 1983, Sherman Act, Title VII, abuse of discretion, antitrust, copyright, equitable relief, habeas, habeas corpus, immunity from suit, judicial review, patent, probable cause, retaliation, sovereign immunity, trademark

PartyNames: United States Postal Service v. Flamingo Industries (USA) Ltd., et al.
Petitioner: United States Postal Service
Respondent: Flamingo Industries (USA) Ltd., et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: CA 9, 302 F.3d 985. QUESTION PRESENTED The federal antitrust laws apply to a "person," which is defined to include"corporations and associations existing under or authorized by the laws of * * * the United States." 15 U.S.C. 7 (Sherman Act), 12(a) (Clayton Act). Thequestion presented is whether the United States Postal Service is a "person" amenable to suit under the antitrust laws. CERT. GRANTED: 5/27/03
Supreme Court Docket

United States Postal Service
v.
Flamingo Industries (USA) Ltd., et al.
540 U.S. 736 (2004)
Question:

Can the U.S. Postal Service be sued under federal antitrust laws?

Note:

. CA 9, 302 F.3d 985. QUESTION PRESENTED The federal antitrust laws apply to a "person," which is defined to include"corporations and associations existing under or authorized by the laws of * * * the United States." 15 U.S.C. 7 (Sherman Act), 12(a) (Clayton Act). Thequestion presented is whether the United States Postal Service is a "person" amenable to suit under the antitrust laws. CERT. GRANTED: 5/27/03

USPS v. Flamingo Industries
ORAL ARGUMENT

December 1, 2003

Holding: reversed
Decision: Decision: 9 votes for USPS, 0 vote(s) against
Vote: 9-0
Opinion By: Justice Anthony M. Kennedy

USPS v. Flamingo Industries
Case Documents

1Opinion in USPS v. Flamingo Industries
2Slip Opinion in USPS v. Flamingo Industries
3Opinion in USPS v. Flamingo Industries
Additional documents for this case are pending review.