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RAPP v. HADDEN

32 F.Supp. 836 (1940)

RAPP v. HADDEN et al.

District Court, S. D. New York.

April 16, 1940.

Attorney(s) appearing for the Case

Robert Hyman, of New York City, for plaintiff.

Clive C. Handy, of New York City (Gerald E. Dwyer, of New York City, of counsel), for defendant New York Cent. R. Co.

HULBERT, District Judge.

Plaintiff moves to strike out the "second, separate and complete defense" set forth in the answer of the defendant New York Central Railroad Company.

Alfred Rapp was, at the time of the accident which occurred on October 18, 1939, employed as a railroad policeman by the New York Central Railroad Company.

It is alleged in the complaint that while engaged in the performance of his duties, he was negligently struck and killed...

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