C. F. Simonin's Sons, Inc. v. American Can Co.

KIRKPATRICK, District Judge.

This is a suit at law begun, prior to the effective date of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, by the issuance of a writ of summons, without the filing of any statement of claim. This procedure was in conformity with Pennsylvania practice. The summons was in trespass, which merely showed a tort action of some kind.

Then the plaintiff, still before the effective date of the new Rules, filed a bill in equity that the suit was based upon rebates or allowances which the defendant was charged with having given to customers other…