Legal Opinion

Leonard F. Fellman Co. v. Smith-Corona Marchant Inc.

District Court, E.D. Pennsylvania

Decided March 7, 1961No. Civ. A. No. 28538PublishedCited by 10 opinions

1Opinion of the Court

WOOD, District Judge.

This motion calls for an interpretation of Rule 13 of the Federal Rules of Civil Procedure, 28 U.S.C. relating to counterclaims. Plaintiff here, Fellman, was sued in the State Court of New York by defendant here, Smith-Corona, prior to the institution of this action. Fellman caused the State action to be removed to the United States Court for the Northern District of New York and before filing an answer in the Federal Court, brought this action against Smith-Corona in the United States Court for the Eastern District of Pennsylvania. That Fellman’s complaint here raised…

2Cited by10 opinions

  1. Columbia Plaza Corporation v. Security National BankCourt of Appeals for the D.C. Circuit · 1975
  2. Fed. Sec. L. Rep. P 94,913 Asset Allocation and Management Company v. Western Employers Insurance CompanyCourt of Appeals for the Seventh Circuit · 1990
  3. Gilldorn Savings Association, Gilldorn Corporation, and Gilldorn Mortgage Midwest Corporation v. Commerce Savings AssociationCourt of Appeals for the Seventh Circuit · 1987
  4. Gardner v. GardnerSupreme Court of North Carolina · 1978
  5. Nigro v. BlumbergDistrict Court, E.D. Pennsylvania · 1974

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