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DONNKENNY, INC. v. NADLER

No. 81 Civ. 6075(MP).

544 F.Supp. 166 (1982)

DONNKENNY, INC., Plaintiff, v. Murray NADLER, Cummings & Carroll, P. C., H. B. Carroll, Glenn O. Thornhill, Galax Apparel Corporation and D. K. Investors, Inc., Defendants.

United States District Court, S. D. New York.

August 3, 1982.

Attorney(s) appearing for the Case

Barrett, Smith, Schapiro, Simon & Armstrong by Gerald A. Novack, New York City, for plaintiff.

Olwine, Connelly, Chase, O'Donnell & Weyher by John L. O'Donnell, Peter Aron, New York City, for defendant (Thornhill).

OPINION

MILTON POLLACK, District Judge.

Plaintiff Donnkenny has moved pursuant to Rule 12(f) Fed.R.Civ.P. for a) an order striking the Fifth Defense interposed by the defendant Thornhill which alleges that this action is barred as against defendant Thornhill by virtue of the compulsory counterclaim requirement in Rule 13(a); and b) staying defendant Thornhill's action against Donnkenny now pending in the United States District Court for the Western District...

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