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BELLMORE SALES CORP. v. WINFIELD DRUG STORES, INC.

187 F.Supp. 161 (1960)

BELLMORE SALES CORP., Plaintiff, v. WINFIELD DRUG STORES, INC., Nicholas S. Gesoalde, New York State Pharmaceutical Assn., Inc., National Independent Pharmacists, Inc., John Doe and Richard Roe, Numbered 1 to 1,000, the names of Said Numbered Defendants being Fictitious, the True Names of Such Persons Being Unknown to Plaintiff, the Parties Intended being the Members of the Named Trade Association Engaging in the Conspiracy Herein Alleged, Chanel, Inc., Coty, Inc., Johnson & Johnson, Parker Pen Company, Defendants.

United States District Court S. D. New York.

August 9, 1960.

Attorney(s) appearing for the Case

Morton L. Kimmelman, New York City, for plaintiff.

Rogers, Hoge & Hills, New York City, for Johnson & Johnson.

CASHIN, District Judge.

This is a motion under Rule 12(b) (6) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the complaint as to defendant, Johnson & Johnson, on the grounds that it fails to state a claim against defendant, Johnson & Johnson, upon which relief can be granted or, in the alternative, on the grounds that it recites a claim which should be properly raised as a compulsory counterclaim in a prior pending action under Rule 13(a...

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