Legal Opinion

United States v. Diapulse Corporation of America, Also Known as the Diapulse Manufacturing Corporation of America, a Corporation

Court of Appeals for the Second Circuit

Decided March 20, 1972No. 507, Docket 71-2136PublishedCited by 92 opinions

1Opinion of the Court

J. JOSEPH SMITH, Circuit Judge:

The Diapulse Corporation of America has been prohibited from shipping in interstate commerce the “Diapulse,” a pulsed high frequency generator similar to a conventional diathermy unit but with a lower output, intended to create a unique athermal effect, until the labeling meets the standards of the Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. to the satisfaction of the Food and Drug Administration (FDA). Judge George Rosling of the United States District Court for the Eastern District of New York granted the government’s motion for preliminary…

2Cases cited27 opinions

  1. United States v. W. T. Grant Co.Supreme Court of the United States · 1953
  2. Hecht Co. v. BowlesSupreme Court of the United States · 1944
  3. United States v. DotterweichSupreme Court of the United States · 1943
  4. United States v. Oregon State Medical SocietySupreme Court of the United States · 1952
  5. United States v. City & County of San FranciscoSupreme Court of the United States · 1940

22 more not listed; retrieve them via the Exa API.

3Cited by92 opinions

  1. Chris-Craft Industries, Inc. v. Piper Aircraft Corp.Court of Appeals for the Second Circuit · 1973
  2. United States v. Odessa Union Warehouse Co-Op Cecil A. Schell Edward Sewall Marvin KleynCourt of Appeals for the Ninth Circuit · 1987
  3. United States v. Edward Rose & Sons, Dorchen/martin Associates, Incorporated Eckert/wordell Architects, Pc Gerald Peterson James R. SauleCourt of Appeals for the Sixth Circuit · 2004
  4. Natural Resources Defense Council, Inc. v. United States Food & Drug AdministrationCourt of Appeals for the Second Circuit · 2013
  5. United States v. Articles of Device Consisting of Three Devices . . . "Diapulse''Court of Appeals for the Sixth Circuit · 1976

87 more not listed; retrieve them via the Exa API.

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