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NAIVETTE, INC. v. PHILAD CO.

No. 5794.

54 F.2d 624 (1931)

NAIVETTE, Inc., v. PHILAD CO. et al.

Circuit Court of Appeals, Sixth Circuit.

December 18, 1931.

Attorney(s) appearing for the Case

Marston Allen, of Cincinnati, Ohio (Pennie, Davis, Marvin & Edmonds, of New York City, Kwis, Hudson & Kent, of Cleveland, Ohio, and W. Brown Morton and E. H. Merchant, both of New York City, on the brief), for appellant.

Morris Kirschstein, of New York City (Harvey R. Hawgood, Hawgood & Van Horn, and T. Paul Titus, all of Cleveland, Ohio, on the brief), for appellees.

Before MOORMAN, HICKS, and HICKENLOOPER, Circuit Judges.

PER CURIAM.

The District Court granted a motion to dismiss defendant's counterclaim, basing its decision upon the ground only that the cause of action therein alleged was not germane to the cause of action set forth in plaintiff's bill of complaint. This basis of decision was, we think, founded upon a misconception of the proper scope and effect of Equity Rule 30 (28 USCA § 723). See American Mills Co. v. American Surety Co., 260 U.S. 360

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