E. J. Korvette Co. v. Parker Pen Co.

WEINFELD, District Judge.

I am persuaded that the claims alleged by the plaintiffs are compulsory counterclaims which under Rule 13(a) of the Federal Rules of Civil Procedure, 28 U.S. C.A., should be asserted in the action previously instituted by the defendant against the plaintiffs.1 In the latter action the plaintiffs (the defendant in this suit, also referred to hereafter as “Parker”) asserts a claim against the defendants (the plaintiffs here) based upon New York’s Fair Trade Law (the Feld-Crawford Act, New York General Business Law, §§ 369-a, 369-b) as authorized by the Miller-Tydings…