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BAUMAN v. ALUMINUM CO. OF AMERICA

No. 3683A.

58 F.Supp. 160 (1944)

BAUMAN v. ALUMINUM CO. OF AMERICA.

District Court, E. D. New York.

October 27, 1944.

Attorney(s) appearing for the Case

Samuel M. Shorenstein, of New York City (Meyer Kraushaar, of New York City, of counsel), for plaintiff.

George J. Stacy, of New York City, for defendant.

MOSCOWITZ, District Judge.

This is a motion made by the plaintiff for an order striking out the second, third, fourth and fifth defenses and "so much of the first defense as alleges contributory negligence of plaintiff as contained in the defendant's amended answer on the ground that the same are not legal defenses and are insufficient in law upon the face thereof."

The second defense contains the following paragraphs:

"Third: That the Defense Plant...

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