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TEIGER v. STEPHAN ODERWALD, INC.

31 F.Supp. 626 (1940)

TEIGER v. STEPHAN ODERWALD, Inc., et al.

District Court, S. D. New York.

January 4, 1940.

Attorney(s) appearing for the Case

Michael Berman, of New York City, for plaintiff.

Maxwell Berman, of New York City, for defendant Tallack Hellman, Inc.

LEIBELL, District Judge.

Plaintiff moves under Rule 12(f) of the Federal Rules of Civil Procedure, 28 U.S. C.A. following section 723c, to strike out the first, second, third, fourth, fifth and sixth affirmative defenses set forth in the answer of one of the defendants, Tallack Hellman, Inc., on the grounds that said defenses are not sufficient as a matter of law and are immaterial and redundant. Said defendant makes a cross-motion for an order permitting it to amend...

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