Superscope, Inc. v. United States

Newman, Judge:

Defendant has moved to strike the complaint filed on October 31,1972 in this action “pursuant to the provisions of Rule 4.7(b)”. The predicate of defendant’s motion to strike is that “the Court lacks jurisdiction of the subject matter with respect to the merchandise identified in paragraphs 5 and 8 of said complaint”.

Initially, it should be pointed out that rule 4.7(b) does not provide for a motion to strike the complaint, but rather for a motion to dismiss the action.1 However, rule 4.7(e) provides for a motion to strike, but not upon the ground urged by defendant — lack of…