Art Metal Works, Inc. v. Auto Match Corp.

WOOLSEY, District Judge.

The defendant’s motion for an injunction pendente lite is denied.

I. At the argument I denied the plaintiff’s motion to strike out the counterclaim for unfair competition.

As for jurisdiction over the subject-matter, there is the necessary diversity of citizenship and the necessary jurisdictional amount alleged to be involved.

As the counterclaim is one which might have been the subject-matter of an independent suit in equity against the plaintiff, Equity Rule 30 (28 USCA § 723), it is properly pleaded in this case. Vacuum Cleaner Co. v. American Rotary Valve Co. (D. C.)…