Beaunit Mills, Inc. v. Industrias Reunidas F. Matarazzo, S.A.

CASHIN, District Judge.

This is a motion by plaintiff pursuant to Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A., for an order striking the third and fourth affirmative defenses from the amended answer of the defendant as being insufficient in law. Plaintiff’s complaint is for damages for breach of contract. A counterclaim asserted in the amended answer is for damages resulting from plaintiff’s fraudulent inducement of defendant into entering into the same contract.

The third affirmative defense asserts lack of jurisdiction over the person of the defendant, and the fourth…