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PEAK LABORATORIES, INC. v. U.S. POSTAL SERV.

No. 75-3798.

556 F.2d 1387 (1977)

PEAK LABORATORIES, INC., Plaintiff-Appellant, v. UNITED STATES POSTAL SERVICE, Defendant-Appellee.

United States Court of Appeals, Fifth Circuit.

August 8, 1977.

Attorney(s) appearing for the Case

Jack Paller, Atlanta, Ga., for plaintiff-appellant.

John W. Stokes, U.S. Atty., William D. Mallard, Jr., Atlanta, Ga., for defendant-appellee.

Before GODBOLD and CLARK, Circuit Judges, and HOFFMAN, District Judge.

PER CURIAM.

The ultimate issue in this case is whether Donaldson v. Read Magazine, 333 U.S. 178, 68 S.Ct. 591, 92 L.Ed. 628 (1948), compels us to decide that the appellant, Peak Laboratories (Peak), made a false representation in an advertisement extolling the virtues of their product, "Fat-Off." A Postal Service Judicial Officer upheld the contentions in an administrative complaint of the appellee, the United States Postal Service...

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