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AMERICAN AMUSEMENT CO. v. LUDWIG

Civil Action No. 2818.

82 F.Supp. 265 (1949)

AMERICAN AMUSEMENT CO. v. LUDWIG.

United States District Court D. Minnesota, Fourth Division.

January 26, 1949.

Attorney(s) appearing for the Case

Benedict Deinard (of Leonard, Street & Deinard), of Minneapolis, Minn., for defendant, in support of the motion.

Joseph W. Finley, of St. Paul, Minn. (Bundlie, Kelley, Finley & Maun, of St. Paul, Minn., of counsel), for plaintiff, in opposition.

NORDBYE, Chief Judge.

Plaintiff has commenced against defendant an action for a declaratory judgment pursuant to Section 274d of the Judicial Code, 28 U.S.C.A. § 2201. Defendant now moves under Rule 12(f) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to strike Paragraph II and part of Paragraph VIII of the complaint upon the grounds that such allegations are immaterial.

Paragraph II alleges that the matter in controversy exceeds $3,000 exclusive...

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