Grafe-Weeks Corp. v. Air Products, Inc.

ROSENBERG, District Judge.

The claim in this action is made upon a written contract dated July 12, 1960, between defendant as owner and Grafe Callahan Construction Company, as contractor. With the written consent of the defendant, Grafe Callahan assigned all right, title and interest to the plaintiff, Grafe-Weeks Corporation, which also assumed all obligations of the original contractor.

*212The complaint was served on the def-fendant on August 22, 1962, and on October 1, 1962, defendant filed a motion to dismiss the complaint and to strike a portion of the complaint. Defendant bases its motion to…