Warren v. Indian Refining Co.

SLICK, District Judge.

The question for decision is the motion of defendant Indian Refining Company to strike out plaintiff’s counterclaim. The suit brought by plaintiff is to recover on a bond given by the Indian Refining Company with the United States Fidelity & Guaranty Company as surety in an injunction suit in the state court. Defendant answered in several paragraphs, one of which is denominated a counterclaim, in which defendant claims damages against the plaintiff on a contract or commission agency agreement which defendant claims was breached by plaintiff. Plaintiff then filed a…