Legal Opinion
Twin Disc, Inc. v. Lowell
District Court, E.D. Wisconsin
Decided November 5, 1975No. 73-C-93PublishedCited by 2 opinions
1Opinion of the Court
MEMORANDUM AND ORDER
WARREN, District Judge.
Counsel for the defendant named above has filed a motion to dismiss this action. He contends that the issues presented in the complaint are barred by the provisions of Rule 13(a) of the Federal Rules of Civil Procedure (Rule 13 (a)) because, in accordance with that rule, it was necessary that said issues be raised and resolved as compulsory counterclaims in a prior action in the United States District Court for the Eastern District of New York. The plaintiff here was the defendant there and the defendant here was the plaintiff. See: Lowell v. Twin…
2Cases cited8 opinions
- Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
- Baker v. Gold Seal Liquors, Inc.Supreme Court of the United States · 1974
- Southern Construction Co. v. PickardSupreme Court of the United States · 1962
- Pipeliners Local Union No. 798, Tulsa, Oklahoma, and A. Leroy Jones v. Fred H. EllerdCourt of Appeals for the Tenth Circuit · 1974
- Tpo Incorporated v. Federal Deposit Insurance Corporation, as Receiver of Eatontown National BankCourt of Appeals for the Third Circuit · 1973
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3Cited by2 opinions
- Rutherford v. Merck & Co., Inc.District Court, S.D. Illinois · 2006
- John Alden Life Insurance v. C.A. Cavendes, Sociedad FinancieraDistrict Court, S.D. Florida · 1984