Porter v. Charles R. Krimm Lumber Co.

WATSON, District Judge.

This is a suit by the Office of Price Administration for treble damages for alleged over-ceiling sales of lumber in violation of Maximum Price Regulation 368. An answer was filed containing several defenses and a “counterclaim.”

The plaintiff then moved for an order “striking out the third and fourth defenses contained in the answer” on the grounds that they do not constitute a sufficient defense as a matter of law. The plaintiff further moved that the defendants’ “counterclaim” be stricken.

The counterclaim must be dismissed with the observation that a counterclaim…