Legal Opinion

Diapulse Corporation of America v. The Curtis Publishing Company

Court of Appeals for the Second Circuit

Decided March 16, 1967No. 30599_1PublishedCited by 38 opinions

1Opinion of the Court

FEINBERG, Circuit Judge:

Plaintiff Diapulse Corporation of America urges error in the dismissal of its complaint in a libel action for failing to obey an order requiring production of certain material for discovery. Finding no abuse of discretion below, we affirm.

Plaintiff manufactures and sells a “Diapulse” machine allegedly useful in the treatment of various infections and diseases. The action was brought against defendant The Curtis Publishing Company, publisher of a magazine article which mentioned plaintiff’s machine in less than ecstatic terms. Defendant denied libel and, inter alia,…

2Cases cited8 opinions

  1. Link v. Wabash RailroadSupreme Court of the United States · 1962
  2. Robert J. Gill v. Julius Stolow and Harry Stolow, Copartners, Doing Business Under the Firm Name and Style of J. & H. StolowCourt of Appeals for the Second Circuit · 1957
  3. Trans World Airlines, Inc. v. HughesCourt of Appeals for the Second Circuit · 1964
  4. Joseph A. Weiss v. Emerich HunnaCourt of Appeals for the Second Circuit · 1963
  5. Independent Productions Corporation and Ipc Distributors, Inc. v. Loew's IncorporatedCourt of Appeals for the Second Circuit · 1960

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

3Cited by38 opinions

  1. Southern New England Telephone Co. v. Global NAPs Inc.Court of Appeals for the Second Circuit · 2010
  2. Albert Flaksa v. Little River Marine Construction Co., Inc.Court of Appeals for the Fifth Circuit · 1968
  3. United Nuclear Corp. v. General Atomic Co.New Mexico Supreme Court · 1980
  4. Commonwealth v. CronkMassachusetts Supreme Judicial Court · 1985
  5. Elsie A. Digregorio, Administratrix of the Estate of Daniel S. Digregorio, Deceased v. First Rediscount CorporationCourt of Appeals for the First Circuit · 1974

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