The opinion of the court was delivered by: ZAVATT
Upon the request of both parties communicated to the Court during oral argument, plaintiff's motion for a temporary injunction is to be treated as a motion for summary judgment. This is an action seeking to enjoin enforcement of a fraud order signed by the Acting General Counsel of the Post Office Department which directed the defendant to return mail addressed to the plaintiff, which was not demonstrably unrelated to the enterprise here involved, to the senders thereof marked 'Fraudulent'; and which directed that postal money orders payable to the plaintiff's order be returned to the remitters. Both parties agree that there are no triable issues of fact and that either one or the other is entitled to summary judgment as a matter of law.
The subject matter of the order is an advertisement which is as follows:
'See your tummy vanish before your eyes with Franziska of Hollywood's
MAGIC BUTTON* an astonishing reducing device.
Do you realize that while you go about your daily chores your can be erasing unbecoming inches from your abdomen, your waist, your hips? You can be permanently eliminating the necessity of wearing confining girdles and corsets? Franziska of Hollywood has invented a wonderful device that does this for you . . . while you work, while you play, while you relax in the evening.
Press the 'Magic Button' . . .
see inches disappear instantly Follow the same instructions that this famous figure expert gives movie stars . . . and you, too, may know the perhaps long-forgotten joy of a slim and shapely midriff -- without an embarrassing surplus of tummy or the restricting garments that 'hold it in.' It's easy -- fun. No strenuous exercise, no diet, no drugs. Included with the 'Magic Button'
-- '10 days to Figure Beauty' Illustrated manual shows you what to do every day for 10 days. At the end of this period your awkward tummy line is gone -- OR YOUR MONEY BACK, $ 4.98 ppd. . . . *Trademark (c) 1957 . . . G. J. Howard Co., Dept. J-27, Flushing 52, N.Y.
Please rush the 'MAGIC BUTTON' and Franziska of Hollywood's '10 Days to Fig-FREE ure Beauty.' My check or 10-DAY m.o. for $ 4.98 is enclosed. If TRIAL I do not see pleasing results in 10 days, I will return the 'MAGIC BUTTON' for full refund.
Mrs. -- -- -- -- -- -- -- -
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