Court of Appeals for the Second Circuit April 13, 1978, 741, Docket 78-6002 (United States Postal Service v. Patricia H. Brennan and J. Paul Brennan D/B/A P. H. Brennan Hand Delivery)

MULLIGAN, Circuit Judge:

The facts underlying this litigation are undisputed. Patricia H. Brennan and J. Paul Brennan, doing business under the name of P. H. Brennan Hand Delivery Service (the Brennans), have conducted since March, 1976 in downtown Rochester, New York, a service delivering for compensation letters and small to medium size parcels.