PODHORN V. PARGON GROUP, INC.
606 F.Supp. 185 (D.Mo. 1985)
NATURE OF THE CASE: Paragon (D) moved to dismiss Podhorn's (P) complaint for constructive
eviction, breach of implied warranty of habitability, false swearing, false credit report,
breach of implied covenant of quiet enjoyment, negligence, abuse of process, prima facie
tort, conversion, and initiation of malicious prosecution by Ds.
FACTS: D filed a petition against Ps for rent due. A judgment in default was entered
against P in the sum of $1,113.33, plus costs. P did not file a counterclaim and a default
judgment was entered. P then filed an action in federal court alleging various tort
violations related to the same period of tenancy covered in the state court action. Ds move
to dismiss Ps' claim in the federal case asserting that it should have been filed as a
compulsory counterclaim in the state court action.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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