Interstate Hosiery Mills, Inc. v. Walnut Hosiery Mills, Inc.

FOLLMER, District Judge.

This is an action for damages for an alleged breach of contract. Requisite jurisdictional facts have been alleged. Pursuant to Rule 12(b) (6), Federal Rules of Civil Procedure, 28 U.S.'C.A. the defendant has moved to dismiss the complaint for insufficiency -of statement.

The complaint, which consists of two counts, alleges that plaintiff is a Delaware corporation, with its principal place of business in New York, N. Y.; and that the defendant, a hosiery manufacturer, is a Pennsylvania corporation, with its principal place of business in Shamokin, Pennsylvania.

The first…