Legal Opinion
Diapulse Manufacturing Corp. of America v. Birtcher Corp.
District Court, E.D. New York
Decided August 15, 1963No. Nos. 61-C-175, 61-C-355PublishedCited by 2 opinions
1Opinion of the Court
DOOLING, District Judge.
In two libel actions (consolidated for trial) in which the alleged libel is that plaintiffs’ “Diapulse” physiotherapeutic device was valueless and the claims made for it unfounded in fact, defendants, by permission, move for leave to plead as complete defenses that the plaintiff New York manufacturer or wholesaler of the Diapulse physiotherapeutic device had not applied for and received a registration certificate as a manufacturer of “devices” from the New York State Board of Pharmacy as required by New York Education Law, § 6805, subd. 5 which provides:
“§ 6805.…
2Cases cited17 opinions
- John E. Rosasco Creameries, Inc. v. CohenNew York Court of Appeals · 1937
- Brown v. ShyneNew York Court of Appeals · 1926
- Wood v. . Erie Railway CompanyNew York Court of Appeals · 1878
- March v. DavisonNew York Court of Chancery · 1842
- Adler v. . ZimmermanNew York Court of Appeals · 1922
12 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Key Pharmaceuticals, Inc. v. LoweyDistrict Court, S.D. New York · 1972
- Doe v. Columbia UniversityDistrict Court, S.D. New York · 1996