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KIRBY v. SHAW

No. 19822.

358 F.2d 446 (1966)

Klaytan W. KIRBY, Appellant, v. Leslie N. SHAW, individually and as Post-master of the City of Los Angeles, State of California, Appellee.

United States Court of Appeals Ninth Circuit.

March 24, 1966.

Attorney(s) appearing for the Case

Edwin M. Rosendahl, Los Angeles, Cal., for appellant.

Manuel L. Real, U. S. Atty., Donald A. Fareed, Asst. U. S. Atty., Chief, Civil Sec., Milan M. Dostal, Asst. U. S. Atty., Los Angeles, Cal., for appellee.

Before CHAMBERS and BROWNING, Circuit Judges, and MUECKE, District Judge.

BROWNING, Circuit Judge:

On November 23, 1962, following a full trial-type hearing, the Judicial Officer of the Post Office Department issued a fraud order under 74 Stat. 654 (1960), 39 U.S.C.A. § 4005,1 denying use of the mails to appellant, who was doing business under the name "Science of Life," for the sale of pills called "Stagg Bullets." The order was based upon a finding that appellant...

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