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UNITED STATES v. DIAPULSE MANUFACTURING CORP. OF AMER.

No. 253, Docket 31720.

389 F.2d 612 (1968)

UNITED STATES of America, Libelant-Appellee, v. An Article of Device . . . DIAPULSE MANUFACTURING CORPORATION OF AMERICA, Claimant-Appellant.

United States Court of Appeals Second Circuit.

Decided January 30, 1968.

Attorney(s) appearing for the Case

Milton A. Bass, New York City (Bass & Friend, New York City, on the brief), for claimant-appellant.

Jon O. Newman, U. S. Atty., District of Connecticut, Hartford, Conn. (William W. Goodrich, Asst. Gen. Counsel for Food and Drugs, and Charles K. Marr, Atty., U. S. Dept. of Health, Education and Welfare, on the brief), for libelant-appellee.

Before SMITH, KAUFMAN and HAYS, Circuit Judges.

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...

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