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FRIEDLANDER v. PDK LABS, INC.

No. 94-8299.

89 F.3d 747 (1996)

Mitchell K. FRIEDLANDER, Plaintiff-Appellant, v. PDK LABS, INC., a New York Corporation, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

July 26, 1996.

Attorney(s) appearing for the Case

Mitchell K. Friedlander, Atlanta, GA, for Appellant.

James J. Wolfson, Kristen K. Darnell, Alston & Bird, Atlanta, GA, Marc J. Ross, Hartley T. Bernstein, Bernstein & Wasserman, New York City, for Appellee.

Before HATCHETT and EDMONDSON, Circuit Judges, and GIBSON, Senior Circuit Judge.

PER CURIAM:

In our prior opinion in this case published as Friedlander v. PDK Labs, Inc., 59 F.3d 1131 (11th Cir.1995), we stated:

It is clear that a plaintiff may only bring an action under the FBPA against a defendant who engages in deceptive or unfair practices that have the potential to harm the general consuming public.... The Georgia Court of Appeals, however, has also stated that a plaintiff may only...

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