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

WHAM, Chief Judge.

The question now before the court, on defendant’s motion to strike, is whether it is illegal pleading, prohibited by the Federal Rules of Civil Procedure, 28 U.S.C.A. for plaintiff, in its reply to defendant’s counterclaim, to plead a counterclaim growing out of the same transaction or occurrence as defendant’s counterclaim.

The complaint is upon various contracts, set forth separately in separate paragraphs, allegedly entered into during the years 1946 and 1947 between plaintiff and defendant covering the sale to defendant by plaintiff of dried whole eggs, and alleges that…