Coca-Cola Co. Foods Division v. Olmarc Packaging Co.

ORDER

NORGLE, District Judge.

Plaintiff, Coca-Cola Foods (“FOODS”) sued Defendant, Olmarc Packaging Company (“OLMARC”) for breach of contract. Foods filed a single count complaint. Ol-mare answered and pleaded two affirmative defenses, along with two counterclaims. Foods’ motion to strike the affirmative defenses and dismiss the counterclaims is the subject matter of this Order. For the following reasons, Foods’ motion is granted in part and denied in part.

In early 1977 Foods and Olmarc entered into a Packing Agreement (“AGREEMENT”). Essentially Olmarc agreed to mix, package, store and ship dry…