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RANDOLPH LABORATORIES v. SPECIALTIES DEVELOP. CORP.

Civ. A. No. 5316.

62 F.Supp. 897 (1945)

RANDOLPH LABORATORIES, Inc., v. SPECIALTIES DEVELOPMENT CORPORATION et al.

District Court, D. New Jersey.

October 31, 1945.

Attorney(s) appearing for the Case

Pitney, Hardin & Ward and William H. Osborne, Jr., all of Newark, N. J., and Ralph M. Snyder, of Chicago, Ill., for plaintiff.

Kessler & Kessler, of Newark, N. J. (Darby & Darby and Samuel E. Darby, Jr., of counsel), all of New York City, for defendants.

MEANEY, District Judge.

The defendants have moved to dismiss this action as to defendant Walter Kidde & Company, Incorporated, under the provisions of Federal Rules of Civil Procedure, Rules 12(b) (3) and 12(b) (6), 28 U.S.C.A. following section 723c. They also seek an order striking the allegations in paragraph V of the complaint under Rule 12(f).

The action was instituted by plaintiff, Randolph Laboratories, Incorporated, a corporation of the State of...

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