Clayton Carpet Mills, Inc. v. Martin Processing, Inc.

ORDER

HAROLD L. MURPHY, District Judge.

The plaintiff, a Georgia corporation, brought this action for an alleged breach of contract. The defendant, a corporation which is chartered in Delaware and has its principal place of business in a state other than Georgia, denied liability in its answer and brought a compulsory counterclaim for $123,639.71, the amount the plaintiff allegedly owes the defendant on account. Presently before the Court is the plaintiff’s motion to dismiss the defendant’s compulsory counterclaim under Fed.R.Civ.P. 12(b)(6). 1

In its motion to dismiss the plaintiff first argues…