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BRANDENFELS v. DAY

No. 16642.

316 F.2d 375 (1963)

Carl BRANDENFELS, Appellant, v. J. Edward DAY, Postmaster General et al., Appellees.

United States Court of Appeals District of Columbia Circuit.

Decided February 14, 1963.

Petition for Rehearing Denied April 2, 1963.

Attorney(s) appearing for the Case

Mr. Frank J. Delany, Washington, D. C., for appellant.

Mr. Barry Sidman, Asst. U. S. Atty., for appellees. Mr. David C. Acheson, U. S. Atty., and Messrs. Nathan J. Paulson and Abbott A. Leban, Asst. U. S. Attys., at the time the brief was filed, were on the brief for appellees. Messrs. Frank Q. Nebeker, Asst. U. S. Atty., and Harry K. Schwartz, Asst. U. S. Atty., at the time the record was filed, also entered appearances for appellees.

Before Mr. Justice REED, retired, and EDGERTON and DANAHER, Circuit Judges.

Petition for Rehearing En Banc Denied April 2, 1963.

Mr. Justice REED, sitting by designation.

In May, 1949, the Post Office Department, as complainant, charged appellant Brandenfels, plaintiff below, with distributing fraudulent advertising through the mails to promote the sale of his hair-growing treatment, in violation of 39 U.S.C. §§ 259, 732.1 Lengthy hearings were held before a hearing examiner in Washington, D...

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