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UNITED STATES v. GROGAN

No. 203.

39 F.Supp. 819 (1941)

UNITED STATES v. GROGAN et al.

District Court, D. Montana.

July 22, 1941.

Attorney(s) appearing for the Case

John B. Tansil, U. S. Atty., of Billings, Mont., and R. Lewis Brown, Asst. U. S. Atty., of Butte, Mont., for plaintiff.

Sterling M. Wood, Robert E. Cooke, and Fredric Moulton, all of Billings, Mont., for defendant Surety Co.

PRAY, District Judge.

The defendant Surety Company in the above entitled cause submits a motion to strike from the complaint all of paragraph XI thereof for the reason that the matters therein alleged are redundant and immaterial. To sustain the motion defendant cites article 9 of the construction contract pleaded as an exhibit in the complaint, and alleges that it is identical with a like numbered article 9 included in a certain construction contract construed by...

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