Barnsdall Refining Corporation v. Birnamwood Oil Co.

DUFFY, District Judge.

Plaintiff brought this action for payment of an account for merchandise sold and delivered by it to the defendant, said merchandise consisting of petroleum products.

The defendant has interposed its sixth amended answer, set-off, and counter claim.

Plaintiff moves to dismiss the second cause of action in the counter claim for the reason that same is not pleadable as a counter claim, and that therefore the court lacks jurisdiction of the subject matter and of the plaintiff in relation thereto. In the alternative the plaintiff moves to dismiss the second cause of action in…