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UNITED STATES v. ARTICLES OF DEVICE, ETC.

No. 75-1317.

527 F.2d 1008 (1976)

UNITED STATES of America, Plaintiff-Appellant, v. ARTICLES OF DEVICE CONSISTING OF THREE DEVICES . . . "DIAPULSE," Defendant-Appellee, and Dr. Rovelle C. Choate, Claimant-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided January 12, 1976.

Rehearing Denied March 5, 1976.

Attorney(s) appearing for the Case

Thomas E. Kauper, Asst. Atty. Gen., Carl D. Lawson, Samuel R. Simon, Antitrust Div., Dept. of Justice, Washington, D. C., Stuart M. Pape, Food & Drug Div., Dept. of Health, Education and Welfare, Rockville, Md., for plaintiff-appellant.

Joseph J. Leary, Frankfort, Ky., Edward H. Stopher, Boehl, Stopher, Graves & Deindoerfer, Louisville, Ky., for appellees.

Before MILLER, LIVELY and ENGEL, Circuit Judges.

Rehearing Denied March 5, 1976. See 532 F.2d 1056.

MILLER, Circuit Judge.

This action was brought in the district court, Eastern District of Kentucky, to condemn three devices known as Diapulse machines,1 on the ground that they were misbranded within the meaning of 21 U.S.C. § 352(f)(1), or more specifically, that their labeling failed to bear adequate instructions for use.

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