Frick Co. v. Rubel Corp.

MOSCOWITZ, District Judge.

This is a motion made by the defendant to dismiss the complaint upon the ground that the court has no jurisdiction of the subject of the action and that there is an existing final judgment of this court which is a bar to the maintenance 'of the present action, and upon the further ground that the complaint does not state facts sufficient to constitute a cause of action.

In this case diversity of citizenship is alleged in the complaint. The plaintiff seeks to recover $7,664.14, under a contract between the plaintiff and the defendant by the terms of which the defendant…