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UNITED STATES v. DIAPULSE MANUFACTURING CORPORATION

No. 4818.

269 F.Supp. 162 (1967)

UNITED STATES of America v. An Article of Device . . . DIAPULSE MANUFACTURING CORPORATION OF AMERICA.

United States District Court D. Connecticut.

May 24, 1967.

Attorney(s) appearing for the Case

Jon O. Newman, U. S. Atty., Hartford, Conn., Charles Marr, Department of Health, Ed. & Welfare, Washington, D. C., for plaintiff.

Jason E. Pearl, Nair & Pearl, New Britain, Conn., for claimant, Diapulse Mfg. Corp.

Milton O. Bass, Bass & Friend, New York City, Jacob D. Zeldes, Lawrence W. Kanaga, Bridgeport, Conn., for claimant, C. I. T. Leasing Corp.

RULING ON MOTION FOR JUDGMENT NOTWITHSTANDING THE VERDICT AND FOR A NEW TRIAL

BLUMENFELD, District Judge.

This is an in rem action against a device which the Government alleged was misbranded. Pursuant to the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. § 334(a) and (b) (Supp.1965), the Food and Drug Administration seized one "Diapulse" machine, and filed a libel of information against it in the United States District Court for the Northern District...

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