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CANISTER CO. v. NATIONAL CAN CORP.

Civ. A. Nos. 309, 365.

96 F.Supp. 273 (1951)

CANISTER CO. v. NATIONAL CAN CORP. (two cases).

United States District Court D. Delaware.

February 20, 1951.

Attorney(s) appearing for the Case

John J. Morris, Jr. (of Hering, Morris, James & Hitchens), of Wilmington, Del., Arthur C. Gillette and John J. Bracken, Jr., of Newark, N. J. and James Harte Levenson, of New York City, for plaintiffs.

William S. Potter and Richard F. Corroon (of Southerland, Berl & Potter), of Wilmington, Del., for defendant.

LEAHY, Chief Judge.

The particular matter for decision is defendant's motions to strike certain allegations of the amended complaints. For purposes of the question our CA 309 and 365 will be considered as one. In CA 309 it is alleged:

"Plaintiff is informed and believes, and therefore alleges, that notwithstanding defendant was fully aware of all the facts hereinbefore alleged and of the probable result to plaintiff of the breach by defendant of its agreements...

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