Bach v. Quigan

MOSCOWITZ, District Judge.

Plaintiffs move to strike out the first and second counterclaims from defendants’ answer on the ground that they “fail to state a cause of action” against plaintiffs. As to the second counterclaim, the plaintiffs seek the alternative relief of an order requiring that it be made more definite and certain.

For the purposes of a motion to strike, no more is required of a counterclaim than of a complaint, and it is established in this circuit that under the Federal Rules of Civil Procedure, rule 12 (b) (6), 28 U.S.C.A. following section 723c, a pleading is sufficient…