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TANSEY v. TRANSCONTINENTAL & WESTERN AIR

Civ. A. No. 5151-47.

97 F.Supp. 458 (1949)

TANSEY v. TRANSCONTINENTAL & WESTERN AIR, Inc.

United States District Court District of Columbia.

On Motion for Rehearing February 3, 1950.

Attorney(s) appearing for the Case

Paul M. Rhodes, Washington, D. C., for the plaintiff.

Bernard J. Gallagher and J. Roy Thompson, Jr., Washington, D. C., for the defandant.

LAWS, Chief Judge.

Plaintiff's motion to strike defendant's pleading purporting to be an offer of judgment or, in the alternative, to suspend application of Rule 68 of the Federal Rules of Civil Procedure, 28 U.S.C.A. insofar as future costs is concerned, will be granted. Under Rule 68 the pleading filed as an offer of judgment is not a part of the record and having been filed as such in this case, it must be stricken. Nabors v. Texas Co., D.C.W.D.La.,

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