Citation Codes Equivalent Citations citation codes Docket Number No. 4-68-Bky 1246. Motions Motion to dismiss : Denied Attorney(S) Donald R. Johnston, Minneapolis, , for petitioning James B. Lund, Minneapolis, , for alleged Judges Earl Richard Larson See more information ... Smart Summary Please sign up to generate summary. In the Matter of BICHEL OPTICAL LABORATORIES, INC., a Minnesota corporation, Alleged Bankrupt. 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.