Citicorp v. Interbank Card Ass'n

MEMORANDUM AND ORDER

CANNELLA, District Judge:

Motion to dismiss Counts 1 and 2 of defendants’ counterclaim, for failure to state a claim upon which relief can be granted, is denied. Fed.R.Civ.P. 12(b)(6).

Motion to dismiss Count 3 of defendants’ counterclaim, on the ground that the defendants do not have standing to raise it, is denied.

Motion to strike portions of defendants’ counterclaims, as sham and false, is denied. Fed.R.Civ.P. 11.

Defendants’ objections, to rulings made by the Honorable Leonard A. Bemikow, United States Magistrate, at a hearing held on October 24, 1978, are dismissed. 28…