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DIAPULSE CORPORATION OF AMERICA v. CURTIS PUBLISHING CO.

No. 327, Docket 30599.

374 F.2d 442 (1967)

DIAPULSE CORPORATION OF AMERICA, Plaintiff-Appellant, v. The CURTIS PUBLISHING COMPANY, Defendant-Appellee.

United States Court of Appeals Second Circuit.

Decided March 16, 1967.

Attorney(s) appearing for the Case

David Sive, New York City (Winer, Neuburger & Sive, New York City, on the brief), for plaintiff-appellant.

Frederick B. Boyden, New York City (Dewey, Ballantine, Bushby, Palmer & Wood, James E. Nickerson, Hugh N. Fryer, New York City, on the brief), for defendant-appellee.

Before FRIENDLY, ANDERSON and FEINBERG, Circuit Judges.

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...

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