National Dairy Products Corp. v. Borden Co.

MYRON L. GORDON, District Judge.

The plaintiff, National Dairy Products Corporation (Kraftco) has moved, pursuant to Rule 12, Federal Rules of Civil Procedure, for an order dismissing the counterclaim of the defendant Borden Company (Borden) primarily upon statute of limitation grounds. The parties’ positions have been fully briefed. It is my conclusion that the plaintiff’s motion to dismiss should be granted. Therefore, the plaintiff’s alternative motion for a severance of the issues presented by the counterclaim, pursuant to Rule 42(b), need not be considered.

Kraftco invokes the four year…