UNITED STATES v. "FIRMATRON BY NORRUTH"

No. 121, Docket 28242.

324 F.2d 497 (1963)

UNITED STATES of America, Libelant-Appellee, v. An Article of Device labeled in part, "FIRMATRON BY NORRUTH," etc., Claimant-Appellant.

United States Court of Appeals Second Circuit.

Decided November 20, 1963.


Attorney(s) appearing for the Case

Jerome J. Londin, New York City, for claimant-appellant.

Martin R. Pollner, Asst. U. S. Atty., E. D. N. Y., Brooklyn, N. Y. (Joseph P. Hoey, U. S. Atty., Brooklyn, N. Y., on the brief), for libelant-appellee.

Before SWAN, CLARK and MARSHALL, Circuit Judges.


PER CURIAM.

In this case the United States of America seeks to condemn for misbranding the claimant's electronic device for removing feminine wrinkles. The advertising language is certainly bombastic; at any rate it seems to have offended the trial judge, who summarily granted a default (which he refused to reopen) for claimant's failure to answer interrogatories and to proceed to the depositions sought of its officers. But even though we may sympathize with the judge...

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