Eagle-Picher Co. v. Sperry

JOHN W. OLIVER, District Judge.

This case pends on plaintiff’s motion for summary judgment and on defendant’s alternative motion to dismiss, or,, pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, for summary judgment, should it be determined that, we have jurisdiction. Defendant’s motion to dismiss is well taken and will be-sustained. Both defendant’s alternative-motion for summary judgment and plaintiff’s motion for summary judgment will be denied because we are convinced that, we do not have jurisdiction over the subject matter of plaintiff’s complaint.

Plaintiff filed its…