Legal Opinion

United States of America, Libelant-Appellee v. An Article of Device . . . Diapulse Manufacturing Corporation of America, Claimant-Appellant

Court of Appeals for the Second Circuit

Decided January 30, 1968No. 253, Docket 31720PublishedCited by 18 opinions

1Opinion of the Court

J. JOSEPH SMITH, Circuit Judge.

Claimant Diapulse Manufacturing Corporation of America appeals from a judgment entered on a jury verdict March 31, 1967, amended on April 25, 1967 (District Court for the District of Connecticut, M. Joseph Blumenfeld, Judge), condemning a “Diapulse” device under the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 301 et seq. We find no error and affirm the judgment.

A Libel of Information filed on December 17,1965 in the United States District Court for the Northern District of Georgia alleged that the device, a pulsed high frequency generator similar to a…

2Cases cited7 opinions

  1. United States v. SullivanSupreme Court of the United States · 1947
  2. Kordel v. United StatesSupreme Court of the United States · 1948
  3. Hipolite Egg Co. v. United StatesSupreme Court of the United States · 1911
  4. United States v. UrbuteitSupreme Court of the United States · 1948
  5. Research Laboratories, Inc. v. United StatesCourt of Appeals for the Ninth Circuit · 1948

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

3Cited by18 opinions

  1. United States v. Articles of Device Consisting of Three Devices . . . "Diapulse''Court of Appeals for the Sixth Circuit · 1976
  2. The Founding Church of Scientology of Washington, D.C. v. United StatesCourt of Appeals for the D.C. Circuit · 1969
  3. Kathy L. Lavoie, Formerly Known as Kathy L. Labelle v. Pacific Press & Shear Company, a Division of Canron Corp., and Canron Corp.Court of Appeals for the Second Circuit · 1992
  4. United States v. Diapulse Corporation of America, Also Known as the Diapulse Manufacturing Corporation of America, a CorporationCourt of Appeals for the Second Circuit · 1972
  5. United States v. Sene X Eleemosynary Corp., Inc.District Court, S.D. Florida · 1979

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