No. 331, Docket 74-1999.

514 F.2d 1097 (1975)

UNITED STATES of America, Plaintiff-Appellee, v. DIAPULSE CORPORATION OF AMERICA, also known as the Diapulse Manufacturing Corporation of America, a corporation, Defendant-Appellant.

United States Court of Appeals, Second Circuit.

Decided March 21, 1975.

Attorney(s) appearing for the Case

Copal Mintz, New York City, for appellant Diapulse Corp. of America.

Cyril Hyman, Asst. U. S. Atty., New York City (David G. Trager, U. S. Atty., E. D. N. Y., Paul B. Bergman, Asst. U. S. Atty., Peter Barton Hutt, Asst. Gen. Counsel, Alvin L. Gottlieb, Deputy Asst. Gen. Counsel, Forrest T. Patterson, Atty., Food and Drug Div., Office of General Counsel, U. S. Dept. of Health, Education, and Welfare, of counsel), for appellee United States of America.

Before KAUFMAN, Chief Judge, SMITH, Circuit Judge, and MacMAHON, District Judge.


Diapulse Corporation of America has appealed from a permanent injunction, issued on January 18, 1974, which modified a two-year old injunction prohibiting interstate shipment of a misbranded device known as "the Diapulse."1 We find little merit to the Corporation's claim that Judge Dooling was without authority to amend the decree rendered by Judge Rosling on July 18, 1972. United States v. United Shoe Machinery Corp.,

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