Legal Opinion

Hercules Inc. v. Dynamic Export Corp.

District Court, S.D. New York

Decided April 8, 1976No. 75 Civ. 319 (JMC)PublishedCited by 32 opinions

1Opinion of the Court

MEMORANDUM DECISION

CANNELLA, District Judge:

This is a motion pursuant to Rules 12(b)(1) and (6), of the Federal Rules of Civil Procedure, for judgment dismissing the counterclaims brought by defendant Dynamic Export Corporation [“Dynamic”] and H. Mottahedan & Company [“HMC”], additional plaintiff on the counterclaims. The fifth, sixth and seventh counterclaims are dismissed as to HMC; in all other respects the motion is denied.

FACTS

■ In their complaint plaintiffs allege that on January 1, 1969, an agreement was entered into between plaintiff Hercules Incorporated [“Hercules”] and Dynamic…

2Cases cited53 opinions

  1. Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
  2. Zahn v. International Paper Co.Supreme Court of the United States · 1973
  3. Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
  4. Baker v. Gold Seal Liquors, Inc.Supreme Court of the United States · 1974
  5. Steamship Co. v. TugmanSupreme Court of the United States · 1882

48 more not listed; retrieve them via the Exa API.

3Cited by32 opinions

  1. Meckel v. Continental Resources Co.Court of Appeals for the Second Circuit · 1985
  2. Corporacion Venezolana de Fomento v. Vintero Sales Corp.Court of Appeals for the Second Circuit · 1980
  3. Vulcan Society of Westchester County v. Fire Department of White PlainsDistrict Court, S.D. New York · 1979
  4. International Shipping Co., S.A. v. Hydra Offshore, Inc.Court of Appeals for the Second Circuit · 1989
  5. Andy Jerguson, Individually and on Behalf of All Others Similarily Situated v. Blue Dot Investment, Inc., a Panamanian CorporationCourt of Appeals for the Fifth Circuit · 1981

27 more not listed; retrieve them via the Exa API.

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