Fanning

Fanning v. Williams

Good Law
173 F.2d 95·1949 U.S. App. LEXIS 2815
United States Court of Appeals for the Ninth CircuitFebruary 28, 1949No. 11998California1,253 words

Opinion

Lead Opinion

Orr, J.

On December 10, 1945, the Postmaster General issued a fraud order against Al Williams, the Al Williams Health System of Los Angeles, Inc., a corporation, and other allied Al Williams interests, containing the usual ban against the use of United States mails, 39 U.S.C.A. §§ 259 and 732. The fraud order was issued after a hearing before an assistant solicitor of the Post Office Department at which expert medical testimony, as well as testimony *96 as to the results of chemical analyses made of products advertised and sold by appel-lees was adduced. Appellees asked for and received an injunction restraining appellant from enforcing the fraud order. The trial court based its findings and judgment on the ground that there is no substantial evidence in the record to support the fraud order. That court considered the evidence relied on by the Postmaster General to be no more than opinion evidence of the character held insufficient in the case of American School of Magnetic Healing v. McAn-nulty, 187 U.S. 94 , 23 S.Ct. 33 , 47 L.Ed. 90 .

This case arose out of representations made to the general public, through extensive advertising, as to the efficacy of the so-called “A1 Williams…

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