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VERNON LUMBER CORPORATION v. HARCEN CONST. CO.

Civil Action No. 4781.

60 F.Supp. 555 (1945)

VERNON LUMBER CORPORATION v. HARCEN CONST. CO.

District Court, E. D. New York.

April 19, 1945.

Attorney(s) appearing for the Case

Max Ornstein, of New York City, for plaintiff.

Gresser & Walker, of New York City (Nathan Walker, of New York City, of counsel), for defendant.

MOSCOWITZ, District Judge.

Defendant has moved to strike from the plaintiff's reply to its counterclaim, as insufficient, the first, second and third affirmative defenses contained therein. Plaintiff asserts the objection that the relief sought is in the nature of a demurrer, which has been expressly abolished by Rule 7(c) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, and that there is no authority to strike part of a pleading as insufficient...

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