Legal Opinion
U. S. Health Club, Inc. v. William Major, Postmaster, Bergenfield, New Jersey
Court of Appeals for the Third Circuit
Decided June 15, 1961No. 13330PublishedCited by 6 opinions
1Opinion of the Court
STALEY, Circuit Judge.
This appeal requires us to determine whether a Post Office Department judicial officer can make a final agency decision under § 8, 5 U.S.C. § 1007, of the Administrative Procedure Act (“APA”) and issue a fraud order although not qualified to act as a hearing officer under § 7, 5 U.S.C. § 1006 of the APA, and if so, whether the order issued here is supported by substantial evidence.
The Post Office Department instituted proceedings charging U. S. Health Club, Inc., appellee, with conducting a fraudulent enterprise through use of the mails in connection with the sale of two…
2Cases cited10 opinions
- American School of Magnetic Healing v. McAnnultySupreme Court of the United States · 1902
- AMERICAN SCHOOL OF MAGNETIC HEALING v. McANNULTYSupreme Court of the United States · 1902
- Reilly v. PinkusSupreme Court of the United States · 1949
- Ramspeck v. Federal Trial Examiners ConferenceSupreme Court of the United States · 1953
- United States Bio-Genics Corp. v. ChristenberryDistrict Court, S.D. New York · 1959
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3Cited by6 opinions
- George Kurzon D/B/A Uxbridge Products Company v. United States Postal ServiceCourt of Appeals for the First Circuit · 1976
- Strachan Shipping Company v. SheaDistrict Court, S.D. Texas · 1967
- Jackstadt v. Washington State PatrolCourt of Appeals of Washington · 1999
- Stein's v. PillingDistrict Court, D. New Jersey · 1966
- Bruce Roberts Co. v. MaillyDistrict Court, D. New Jersey · 1966
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