Mid-State Products Co. v. Commodity Credit Corp.

KERNER, Circuit Judge.

This appeal is from an order dismissing on the merits and with prejudice plaintiff’s counterclaim contained in its reply to defendant’s counterclaim to plaintiff’s complaint. The order reserved the issues in the main suit for subsequent trial but expressly found, pursuant to Rule 54(b), Federal Rules of Civil Procedure, 28 U.S.C.A., that there was no reason for delay in judgment on plaintiff’s counterclaim. The issue raised by this appeal is the validity and enforceability of certain amendments to two contracts to which plaintiff asserts it was compelled to agree by…