[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT No. 09-10617 Dec. 15, 2009 ________________________ THOMAS K. KAHN CLERK D. C. Docket No. 04-03294-CV-CAP-1

FEDERAL TRADE COMMISSION,

Plaintiff-Counter-Defendant-Appellee,

versus

NATIONAL UROLOGICAL GROUP, INC., d.b.a. Warner Laboratories,

Defendant-Counter-Claimant-Appellant,

NATIONAL INSTITUTE FOR CLINICAL WEIGHT LOSS, INC.,

Defendant-Counter-Claimant,

HI-TECH PHARMACEUTICALS, INC., corporations, JARED WHEAT, THOMASZ HOLDA, individually and as officers of the corporations, STEPHEN SMITH, individually and as officer of National Urological Group, Inc., and National Institute for Clinical Weight Loss, Inc., TERRILL MARK WRIGHT, M.D., individually.,

Defendants-Appellants, ________________________

Appeal from the United States District Court for the Northern District of Georgia _________________________

(December 15, 2009)

Before DUBINA, Chief Judge, BIRCH and BLACK, Circuit Judges.

PER CURIAM:

After having thoroughly reviewed the record, the briefs and having heard

oral argument in this case, we are of the opinion that the well-reasoned decision

and the judgement of the district court should be and is AFFIRMED.

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