United States Ex Rel. Wilson v. Columbia Erection Corp.

WHITTAKER, District Judge.

I deal now with plaintiff’s motion to dismiss the counterclaim, in three counts, of defendant, Luria Engineering Company. It appears that prior to the institution of this suit on October 9, 1954, Midwestern Steel Building Co., Inc. had been adjudged a bankrupt by the United States District Court for the Western District of Oklahoma, in its numbered cause 9009, and that plaintiff, Wilson, was elected and has qualified, as Trustee of the bankrupt’s estate, and, as such trustee in bankruptcy, he brought this plenary suit in this court against defendant, Luria, and…