COLAN v. WECKSLER


45 F.Supp. 508 (1942)

COLAN v. WECKSLER.

District Court, S. D. New York.

May 15, 1942.


Attorney(s) appearing for the Case

George M. Aronwald, of New York City, for plaintiff.

Jule L. Maisel, of Brooklyn, N. Y., for defendant.


GODDARD, District Judge.

Plaintiff moves for an order striking from defendant's answer two affirmative defenses upon the ground that they are insufficient in law and do not constitute defenses to the action. Under Rule 12(b) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, a motion of this nature is one to dismiss the defenses and the court will consider it as such.

This action was instituted under the provisions of § 16(b...

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