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LIBERTY PRODUCTS CORPORATION v. H. K. FERGUSON CO.

Civ. No. 10380.

88 F.Supp. 445 (1950)

LIBERTY PRODUCTS CORPORATION v. H. K. FERGUSON CO.

United States District Court E. D. New York.

February 6, 1950.

Attorney(s) appearing for the Case

Bainton, McNaughton, Douglas & Leiby, New York City, for plaintiff (Henry W. Steingarten and Louis C. Bernst, New York City, of counsel).

J. Vincent Keogh, U. S. Atty., Brooklyn, N. Y. for defendant (Eli Resnikoff, Asst. U. S. Atty., New York City, of counsel).

BYERS, District Judge.

This is a plaintiff's motion to strike the first and second defenses pleaded in the answer to a complaint which alleges breach of a written contract and resultant damages.

The contract is dated November 10, 1947, and was modified by written agreement dated May 10, 1948, whereby the completion date was extended from 25 weeks from the starting date as originally provided, to August 1, 1948....

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