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GALLAGHER v. CARROLL

No. 8.

27 F.Supp. 568 (1939)

GALLAGHER et al. v. CARROLL et al.

District Court, E. D. New York.

May 19, 1939.

Attorney(s) appearing for the Case

Harold Halpern, of New York City, for plaintiffs.

James E. Turner, of Brooklyn, N. Y. (Joseph F. O'Brien, of New York City, of counsel), for defendant Lawrence P. Carroll.

BYERS, District Judge.

This is a motion to strike the second and third separate and complete defenses contained in the answer in an action to recover damages for personal injuries, said to have been suffered by the plaintiff Francis J. Gallagher on October 3, 1936, in the State of Pennsylvania, as the result of a collision of motor vehicles.

The plaintiff James Gallagher is the father of Francis, who was an infant when the accident happened but apparently...

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