Dictograph Products, Inc. v. Kentworth Corp.

SHELBOURNE, District Judge.

This case is before the Court on defendant’s motion to strike plaintiff’s pleadings, as provided in subsection (d) Rule 37, Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, and in my opinion, defendant’s motion should be sustained.

On May 9, 1947, Dictograph Products Inc., a corporation, in the State of New York, sued defendant, Kentworth Corporation, a Kentucky corporation, to recover for certain goods and merchandise sold to defendant.

On June 2nd, thereafter, defendant filed its answer and counterclaim denying that it was indebted to plaintiff…