Great Lakes Rubber Corp. v. Herbert Cooper Co

286 F.2d 631 (3d Cir. 1961)

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Nature of the Case

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Facts

Great Lakes (P) filed an amended complaint against Cooper (D), claiming that D had engaged in unfair competition and unfair business practices. D filed an answer and a counterclaim; it held that P was involved in a conspiracy to restrain and monopolize interstate commerce and that P brought the action for harassment and the elimination of a competitor. P's complaint was based on diversity jurisdiction. The court granted D's motion to dismiss; there was no diversity of citizenship between the parties. Jurisdiction over D's counterclaim was retained; the claim arose under federal law. P filed an answer and counterclaim, which mirrored the allegations of the original amended complaint. D moved to dismiss P's counterclaim; the court lacked subject matter jurisdiction. D's motion was granted. P appealed; the court has jurisdiction over the counterclaim because it is a compulsory counterclaim.