Bellmore Sales Corp. v. Winfield Drug Stores, Inc.

CASHIN, District Judge.

This is a motion under Rule 12(b)(6) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to dismiss the complaint as to defendant, Johnson & Johnson, on the grounds that it fails to state a claim against defendant, Johnson & Johnson, upon which relief can be granted or, in the alternative, on the grounds that it recites a claim which should be properly raised as a compulsory counterclaim in a prior pending action under Rule 13(a) of the Federal Rules of Civil Procedure.

This action is under the Sherman Anti-Trust Act, 15 U.S.C.A. §§ 1 and 15, wherein the plaintiff is…