LEIBELL, District Judge.
Defendant has moved under Rule 12 of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, for an order (1) striking out the plaintiff's complaint, with leave to serve an amended complaint, or, in the alternative, (2) striking out portions of the complaint as redundant, immaterial, impertinent or scandalous.
Facts
The complaint contains the following allegations:
On July 25, 1941, in the State...
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