BYERS, District Judge.
This is a motion to strike the second separate defense in an answer to a complaint in an action under the Federal Employers' Liability Act, 45 U.S.C.A. § 51 et seq.
The complaint alleges that the plaintiff was injured while performing his duties "due to the negligence of the defendant and its employees".
That is denied in the first paragraph of the answer, thus putting in issue the question of defendant's negligence. Unless...
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