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UNITED STATES POSTAL SERVICE v. ATHENA PRODUCTS

No. 81-7303.

654 F.2d 362 (1981)

UNITED STATES POSTAL SERVICE, Plaintiff-Appellee, v. ATHENA PRODUCTS, LTD., Defendant-Appellant.

United States Court of Appeals, Fifth Circuit. Unit B

Rehearing and Rehearing Denied October 8, 1981.

Attorney(s) appearing for the Case

Benham & Cohen, P. C., Tom Benham, Atlanta, Ga., for defendant-appellant.

Kathie G. McClure, Asst. U.S. Atty., Atlanta, Ga., for defendant-appellee.

Before HILL and VANCE, Circuit Judges, and LYNNE, District Judge.

Rehearing and Rehearing En Banc Denied October 8, 1981.

VANCE, Circuit Judge:

This case involves a challenge to the statutory scheme authorizing the United States Postal Service to prevent the obtaining of money through the mail by means of false representations. Appellant contends that the statutory provisions restrain advertising in a manner inconsistent with the protection afforded by the first amendment to commercial speech.

The congressional scheme...

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