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LUCERNE PRODUCTS, INC. v. SKIL CORPORATION

No. 20886.

441 F.2d 1127 (1971)

LUCERNE PRODUCTS, INC., Plaintiff-Appellant, v. SKIL CORPORATION, Defendant-Appellee.

United States Court of Appeals, Sixth Circuit.

May 3, 1971.

Attorney(s) appearing for the Case

Reese Dill, Cleveland, Ohio, for plaintiff-appellant.

Marc L. Swartzbaugh, Cleveland, Ohio, for defendant-appellee.

Before WEICK, PECK and McCREE, Circuit Judges.

PER CURIAM.

This action was instituted in the Common Pleas Court of Summit County, Ohio, from which it was removed at the instigation of the defendant-appellee to the District Court for the Northern District of Ohio. Appeal to this court was perfected from an order dismissing the suit on the ground that the subject matter caused it to constitute a compulsory counterclaim under Rule 13(a), Federal Rules of Civil Procedure, in an action between the same parties pending...

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