First Union Brokerage v. Milos

MEMORANDUM OPINION

SPELLMAN, District Judge.

ORDER ON PLAINTIFF’S MOTION TO DISMISS DEFENDANTS’ COUNTERCLAIM

THIS CAUSE comes before the Court upon Plaintiff’s, FIRST UNION BROKERAGE, Motion to Dismiss, and the Magistrate’s Recommendation therein. For the reasons set forth below, it is the opinion of this Court that the Plaintiff’s Motion to Dismiss should be denied in part and granted in part.

PROCEDURAL HISTORY

Plaintiff, FIRST UNION BROKERAGE SERVICES, INC., instituted this action against the Defendants, NICK and CATHERINE MILOS, on December 16, 1987, to collect a debt balance in Defendants’…