Legal Opinion
Atlantic Refining Co. v. Port Lobos Petroleum Corp.
District Court, D. Delaware
Decided October 16, 1922No. 433PublishedCited by 4 opinions
1Opinion of the Court
MORRIS, District Judge.
Each of the original parties to this cause has filed a motion to strike out “the answer and counterclaim” of Marcel Denis, intervening party. Equity rule 33 (198 Fed. xxvii, 115 C. C. A. xxvii), upon which the motions depend for their support, provides in part:
“But if an answer set up an affirmative defense, set-off or counterclaim, the plaintiff may, upon five days’ notice, or such further time as the court may allow test the sufficiency of the same by motion to strike out.”
The answer under attack contains, however, not only affirmative defenses, but also express and…
2Cases cited6 opinions
- Kansas v. ColoradoSupreme Court of the United States · 1902
- Virginia v. West VirginiaSupreme Court of the United States · 1907
- Rankin v. MillerU.S. Circuit Court for the District of Delaware · 1904
- Churchward International Steel Co. v. Bethlehem Steel Co.District Court, E.D. Pennsylvania · 1916
- Foster-Eddy v. BakerU.S. Circuit Court for the District of New Hampshire · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Scott Cuthill v. Ortman-Miller MacHine Company, and J. Carter Miller, Intervenor-AppellantCourt of Appeals for the Seventh Circuit · 1954
- Stephens Fuel Co. v. Bay Parkway Nat. BankDistrict Court, E.D. New York · 1935
- United States v. One Quart Bottle of Alleged WhiskyDistrict Court, E.D. New York · 1928
- Murray v. Magnolia Petroleum Co.District Court, N.D. Texas · 1927