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HOLSTEN IMPORT CORP. v. RHEINGOLD CORP.

No. 67 Civ. 4812.

285 F.Supp. 607 (1968)

HOLSTEN IMPORT CORP. v. RHEINGOLD CORP. et al.

United States District Court S. D. New York.

March 19, 1968.

Attorney(s) appearing for the Case

Cadwalader, Wickersham & Taft, New York City, for plaintiff; P. Jay Flocken, New York City, of counsel.

Ide & Haigney, New York City, for defendant; Jerome Schlapik, New York City, of counsel.

COOPER, District Judge.

Plaintiff moves pursuant to Rule 12 (b), F.R.Civ.P., to dismiss defendants' first counterclaim for failure to state a claim upon which relief can be granted and their second counterclaim for lack of jurisdiction over the subject matter. Motion granted as to the first counterclaim but denied as to the second.

While the first counterclaim alleges a practice as disadvantageous and reprehensible as that embraced in the complaint, the language...

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