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ZELTZER v. CARTE BLANCHE CORP.

Civ. A. No. 71-822.

414 F.Supp. 1221 (1976)

Jay S. ZELTZER, on behalf of himself and all others similarly situated, Plaintiff, v. CARTE BLANCHE CORPORATION, Defendant.

United States District Court, W. D. Pennsylvania.

June 24, 1976.

Attorney(s) appearing for the Case

Mark A. Senick, Senick & Penkower, Monroeville, Pa., for plaintiff.

Cloyd R. Mellott, John H. Morgan, Eckert, Seamans, Cherin & Mellott, Pittsburgh, Pa., for defendant.

OPINION

TEITELBAUM, District Judge.

The availability of a federal forum for trial of a counterclaim rooted in state law but arising out of the same transaction or occurrence that is the basis of plaintiff's federal cause of action is an increasingly difficult problem in this era of proliferating consumer class litigation.

On one hand, the language of Rule 13(a) of the Federal Rules of Civil Procedure1 indicates that such...

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