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H. & A. SELMER, INC. v. MUSICAL INSTRUMENT EXCHANGE

154 F.Supp. 697 (1957)

H. & A. SELMER, Inc., Plaintiff, v. MUSICAL INSTRUMENT EXCHANGE, Inc., Defendant.

United States District Court S. D. New York.

August 12, 1957.

Attorney(s) appearing for the Case

Harper & Matthews, New York City, for plaintiff. Verne G. Cawley, Elkhart, Ind., Harold Harper, New York City, of counsel.

Friedland, Jobrack & Zurkow, New York City, for defendant. Louis G. Greenfield, New York City, of counsel.

LEVET, District Judge.

Defendant has moved pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, 28 U.S.C.A. for an order striking from plaintiff's reply to defendant's counterclaim the "Second Defense" which charges plaintiff with unclean hands and in pari delicto with plaintiff.

Plaintiff, a manufacturer of band instruments at Elkhart, Indiana, is suing to recover an alleged balance on the purchase...

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