U.S. v. UNIVERSAL MANAGEMENT SERVICES, INC., CORP.

No. 98-3310.

191 F.3d 750 (1999)

UNITED STATES of America, Plaintiff-Appellee, v. UNIVERSAL MANAGEMENT SERVICES, INC., CORPORATION; Natural Choice, Inc. Corporation, doing business as Natural Choice Products, Inc.; Paul M. Monea, individual; Paul A. Monea, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided September 13, 1999.


Attorney(s) appearing for the Case

Cassandra P. McGurk (briefed), Office of General Counsel, Food & Drug Administration, Rockville, MD, Alexander A. Rokakis, Asst. U.S. Atty. (briefed), Office of U.S. Attorney, Cleveland, OH, Deborah M. Autor (argued and briefed), U.S. Department of Justice, Civil Division, Office of Consumer Litigation, Washington, DC, for Plaintiff-Appellee.

Michael S. Pasano (argued and briefed), Christopher S. Carver, Zuckerman, Spaeder, Taylor & Evans, Miami, FL, for Defendants-Appellants.

Before: NORRIS and SUHRHEINRICH, Circuit Judges; RICE, District Judge.


SUHRHEINRICH, Circuit Judge.

Defendants appeal summary judgment for plaintiff and a permanent injunction from the manufacture and sale of a device intended to relieve certain types of physical pain when applied to acupressure points. We AFFIRM.

The court of appeals reviews an order granting summary judgment de novo, and hence uses the same test as used in the district court. See Terry Barr Sales Agency, Inc. v. All-Lock Co.,

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