In re Bichel Optical Laboratories, Inc.

MEMORANDUM

LARSON, District Judge.

The case of Associated Electronic Supply Co. of Omaha v. C. B. S. Electronic Sales Corp., 288 F.2d 683 (8 Cir. 1961), states that a counterclaim may not be asserted as a basis for the recovery of a judgment for damages against a petitioning creditor. See also, Schreffler v. Schreffler, 155 F.2d 221, 222,10 Cir., and decisions at United States v. Verrier, 179 F.Supp. 336 and In re Love B. Woods & Co., 222 F.Supp. 161.

ORDER

The motion to dismiss Shuron Continental, Division of Textron, Inc., as a petitioning creditor has been dismissed by the Alleged Bankrupt.

The motion of the Alleged Bankrupt to amend its Amended Answer to assert a counterclaim against petitioning creditor Shuron Continental, Division of Textron, Inc., is denied.