Distributors Import Co. v. United States

Newman, Judge:

Defendant has moved to strike the complaint in this action “pursuant to the provisions of Rule 4.7 (b) ”. The predicate *299of defendant’s motion to strike is that “the Court lacks jurisdiction of the subject matter with respect to the merchandise identified in paragraph 4 of said complaint”.

Initially, it should be pointed out that rule 4.7 (b) does not provide for a motion to strike the complaint, but rather for a motion to dismiss the action.1 However, rule 4.7 (e) provides for a motion to strike, but not upon the ground urged by defendant — lack of jurisdiction of the subject…