HULBERT, District Judge.
Defendant, after issue joined, served a demand for a bill of particulars in accordance with Rule 115(a), New York Civil Practice Act, which reads as follows: "(a) Any party may require any other party to give a bill of particulars of his claim, or a copy of the items of the account alleged in a pleading, by serving a written notice stating the items concerning which such particulars are desired. If the party upon whom such notice is served...
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