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152 F.2d 23

Docket No. 8636.

Cable v. Walker

District of Columbia Circuit Court of Appeals

Submitted Oct. 24, 1945.

Decided Dec. 10, 1945.

District of Columbia Circuit Court of Appeals · decided 1945-12-10

2 counsel of record

Relies on Farley v. Heininger

Opinion by (per_curiam) · Decided 1945-12-10

¶1Mr. Warren Craven, of Washington, D. C., for appellants.

¶2Mr. Edward M. Curran, United States Attorney, of Washington, D. C., with whom Mr. Charles B. Murray, Assistant United States Attorney, of Washington, D, C., was on the brief, for appellee.

¶3Before GRONER, Chief Justice, and CLARK and PRETTYMAN, Associate Justices.

¶4PER CURIAM.

¶5This is an appeal from a judgment of the District Court denying an injunction against the Postmaster General’s enforcement of a fraud order.1

¶6The plaintiffs below, appellants here, had for some years been engaged in the manufacture, promotion and sale of a preparation purporting to be of great worth in the treatment of pyorrhea, trench mouth, and like ailments.2

¶7After serving the appellants with notice of the specific charges against them, the Postmaster General went forward with hearings at which considerable testimony was given by expert government witnesses to the effect that appellants’ preparation was incapable of producing the results claimed. This testimony was directed toward an analysis of the chemical contents of the product, and a review of professional opinion on the matter of treatment of pyorrhea.

¶8The appellants offered only the testimony of Eugene Cable, a layman with no formal, specialized training in dentistry, chemistry, or allied arts. It was admitted that ranking testing laboratories had consistently refused to test the product, stating that it manifestly would not accomplish the results claimed.

¶9The appellants sought, at the Post Office hearing, to introduce affidavits from satisfied users. These affidavits were rejected by the presiding hearing officer. We consider the evidence upon which the Postmaster General predicated the fraud order to be *24“substantial” in the strongest meaning of the word. We .cannot see that appellants’ affidavits, assuming their admissibility, could have strengthened their standing in this case.

¶10In such circumstances the law is clear, and we can see no reason for undertaking an extensive review of the- authorities in disposing of this appeal.3 The appellants raise no novel considerations and the judgment of the District Court rests on a solid foundation.

¶11Affirmed.

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