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DIAPULSE MFG. CORP. OF AMERICA v. BIRTCHER CORP.

Nos. 61-C-175, 61-C-355.

221 F.Supp. 139 (1963)

DIAPULSE MANUFACTURING CORP. OF AMERICA, Abraham J. Ginsberg, Jesse Ross, William F. Kelly, Jr., Bernard O. Siler, Irving Grad and Joseph Ross, Plaintiffs, v. The BIRTCHER CORPORATION and Cecil J. Birtcher, Defendants. DIAPULSE MANUFACTURING CORP. OF AMERICA, Plaintiff, v. The BIRTCHER CORPORATION, Defendant.

United States District Court E. D. New York.

August 15, 1963.

Attorney(s) appearing for the Case

Edwin J. Freedman, Freeport, N. Y. (Freedman, Weisbein & Furlong, Freeport, N. Y., of counsel), for plaintiffs.

Thomas H. McManus, (Lynch & McManus, New York City), for defendant.

DOOLING, District Judge.

In two libel actions (consolidated for trial) in which the alleged libel is that plaintiffs' "Diapulse" physiotherapeutic device was valueless and the claims made for it unfounded in fact, defendants, by permission, move for leave to plead as complete defenses that the plaintiff New York manufacturer or wholesaler of the Diapulse physiotherapeutic device had not applied for and received a registration certificate as a manufacturer of "devices...

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