Hercules Inc. v. Dynamic Export Corp.
District Court, S.D. New York
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
- Nishimatsu Construction Co., Ltd. v. Houston National Bank, Defendant-Third Party v. Jack D. Baize, Third PartyCourt of Appeals for the Third Circuit · 1975
- Zahn v. International Paper Co.Supreme Court of the United States · 1973
- Moore v. New York Cotton ExchangeSupreme Court of the United States · 1926
- Baker v. Gold Seal Liquors, Inc.Supreme Court of the United States · 1974
- Steamship Co. v. TugmanSupreme Court of the United States · 1882
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3Cited by32 opinions
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- International Shipping Co., S.A. v. Hydra Offshore, Inc.Court of Appeals for the Second Circuit · 1989
- 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
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