Simkins Ind., Inc. v. Fuld & Co., Div. of Met. Gr., Inc.

MEMORANDUM OPINION

BECHTLE, District Judge.

This matter is before the Court on plaintiff's three motions as to the counterclaim in which it is the defendant. The first motion is for summary judgment pursuant to Rule 56; the second for judgment on the pleadings under Rule 12(c); and the third, in the alternative, for a preliminary hearing permitted by Fed.R.Civ.P. 12(d).

When defendant Fuld & Company (“Fuld”) elected not to pay for merchandise which it obtained from plaintiff Simkins Industries, Inc. (“Simkins”), pursuant to a written agreement of March, 1973, the latter brought an action, in…