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DIAPULSE CORP. OF AMERICA v. CARBA, LTD.

No. 695, Docket 79-7535.

626 F.2d 1108 (1980)

DIAPULSE CORPORATION OF AMERICA, Petitioner-Appellant, v. CARBA, LTD., Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided July 10, 1980.

Attorney(s) appearing for the Case

Solomon H. Friend, New York City (Friend, Perles, Dorfman & Kleefeld, New York City, Frank D. Decolvenaere, on brief), for petitioner-appellant.

Stephen P. H. Rachlis, New York City (Hans Harnik, Stephen M. Harnik, New York City, of counsel, Wachtell, Manheim & Grouf, New York City, on brief), for respondent-appellee.

Before MULLIGAN, VAN GRAAFEILAND and KEARSE, Circuit Judges.

VAN GRAAFEILAND, Circuit Judge:

This is an appeal by Diapulse Corporation of America from that part of a judgment entered in the United States District Court for the Southern District of New York which modified the injunctive provisions of an arbitration award in its favor. Appellee, Carba, Ltd. originally cross-appealed but then withdrew its appeal, content to let the award stand as modified. We hold that the district court had no authority to modify the substantive...

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