(4) Complaint states two separate and distinct causes of action in a single count in disregard of Federal Rules of Civil Procedure, rule 10(b), 28 U.S.C.A. (3) Complaint fails to state a cause of action upon which relief may be granted. § 28.1 et seq., plaintiff has no capacity to maintain this action. (2) Because of plaintiff's failure to register under Pennsylvania Fictitious Name Act, 54 P.S.Pa. (c) Motion of Popular Science to quash the summons and dismiss the complaint as to it because (b) Motion of Lyman to dismiss complaint as to it because of improper venue. (a) Motion of National to dismiss the action as to it because of improper venue. The matter is presently before the Court on (c) Lyman Gun Sight Corporation (hereinafter referred to as 'Lyman'), a Connecticut corporation with its principal office and place of business at Middlefield, Connecticut.Īction against John Unertl, trading as John Unertl Optical Co., was dismissed by order of court on stipulation of counsel.Ĭounsel for plaintiff and Henry Holt and Company, Inc., stipulated that Holt would not be required to answer or further plead until the motions hereinafter referred to were disposed of. (b) National Rifle Association of America (hereinafter referred to as 'National'), a New York corporation with its principal office in Washington, D. (hereinafter referred to as 'Popular Science'), a New York corporation with its principal place of business in New York City, also qualified to do business in Pennsylvania, with its principal registered office in Pennsylvania located at 400 Wyoming Avenue, Scranton. (a) Popular Science Publishing Company, Inc. Robert Kreider, with its principal place of business at Palmyra, Lebanon County, in the Middle Judicial District of Pennsylvania that the defendants herein involved are Wentling, is a partnership composed of Stanley A. It appears from the complaint that the plaintiff, S. §§ 1 and 2) and Section 12 of the Clayton Act (15 U.S.C.A. This is a private anti-trust action for treble damages under Sections 1 and 2 of the Sherman Act (15 U.S.C.A. Stock & Leader, York, Pa., for defendant, Lyman Gun Sight Corp. Chronister, Harrisburg, Pa., for defendant, National Rifle Assn. Whiteford, Hart, Carmody & Wilson, Washington, D. Nauman, Smith, Shissler & Hall, Harrisburg, Pa., for defendant, Popular Science Pub. *653 *654 McNees, Wallace & Nurick, Harrisburg, Pa., for plaintiff. POPULAR SCIENCE PUBLISHING COMPANY, Inc., National Rifle Association of America, Henry Holt and Company, Inc., Lyman Gun Sight Corporation, and John Unertl, trading as John Unertl Optical Co., Defendants.

Unertl optical co