U.S. Court of Appeals for the Tenth Circuit, 1987

Michael Shane and Joseph Dillon v. Howard L. Buck and United States Postal Service

U.S. Court of Appeals for the Tenth Circuit · Decided May 1, 1987 · Logan, Seymour, Moore

817 F.2d 87; 1987 U.S. App. LEXIS 5622 (Federal Reporter, Second Series)

Counsel

Martin Seymour Blaustein, Salt Lake City, Utah, for plaintiffs-appellants., Brent D. Ward, U.S. Atty., and Glen Dawson, Asst. U.S. Atty., Salt Lake City, Utah (Stanley F. Mires, Asst. Gen. Counsel, Rate Application Div., Law Dept., U.S. Postal Service, Washington, D.C., of counsel), for defendants-appellees.

Cases that cite this one

1 later published case cites this decision.

E.F. Hutton Group, Inc. v. United States Postal Service (District Court, S.D. New York 1989)

This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.

Opinion

*88 PER CURIAM.

After examining the briefs and the appellate record, this three-judge panel has determined unanimously that oral argument would not be of material assistance in the determination of this appeal. See Fed.R. App.P. 34(a); Tenth Cir.R. 34.1.8(c) and 27.-1.2. The cause is therefore ordered submitted without oral argument.

The judgment of the district court is affirmed on the basis of, and for the reasons stated in, the district court’s Memorandum Decision and Order appearing as Shane v. Buck, 658 F.Supp. 908 (D. Utah 1985). We note that the Second Circuit has resolved a case raising nearly identical issues in accord with this disposition. See Kuzma v. United States Postal Service, 798 F.2d 29 (2d Cir. 1986), cert. denied, _ U.S. _, 107 S.Ct. 906, 93 L.Ed.2d 856 (1987).

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