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KIPPERMAN v. ACADEMY LIFE INS. CO.

No. 75-3345.

554 F.2d 377 (1977)

Johanna KIPPERMAN, Plaintiff-Appellant, v. ACADEMY LIFE INSURANCE COMPANY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

May 24, 1977.

Attorney(s) appearing for the Case

Christine A. Doyle, argued, Kipperman, Shawn, Keker & Brockett, San Francisco, Cal., for plaintiff-appellant.

Stewart R. Dalzell, argued, Drinker, Biddle & Reath, Philadelphia, Pa., Terry J. Houlihan of McCutchen, Doyle, Brown & Enersen, San Francisco, Cal., for defendant-appellee.

Before TRASK, SNEED and KENNEDY, Circuit Judges.

OPINION

SNEED, Circuit Judge:

Plaintiff-appellant Kipperman, through her father, seeks to establish a private right of action under 39 U.S.C. § 3009. Section 3009 makes the mailing of unsolicited "merchandise" a per se unfair trade practice actionable by the Federal Trade Commission. Under section 3009(b), the recipient of unsolicited "merchandise" may treat the item received as a gift. The district court found there was no implied private right...

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