SCHOKBETON PRODUCTS CORP. v. EXPOSAIC INDUSTRIES, INC.

Civ. A. No. 886.

308 F.Supp. 1366 (1969)

SCHOKBETON PRODUCTS CORP. v. EXPOSAIC INDUSTRIES, INC., formerly Mabie Bell Exposaic, Inc.

United States District Court N. D. Georgia, Newnan Division.

December 31, 1969.


Attorney(s) appearing for the Case

Arnold, Golden & Gregory, Atlanta, Ga., for plaintiff.

Womble, Carlyle, Sandridge & Rice, Winston-Salem, N.C., Sanders, Mottola & Haugen, Newnan, Ga., B. B. Olive, Durham, N.C.., for defendant.


ORDER

ALBERT J. HENDERSON, Jr., District Judge.

In this breach of contract suit, plaintiff has moved to dismiss defendant's counterclaim, alleging (1) that it has failed to state a claim, (2) that the claim is barred by the statute of limitations, and (3) that the defendant is in pari delicto with plaintiff and, therefore, cannot assert a counterclaim based upon the alleged illegality of the contract. The court finds all grounds to be without merit.

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