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UNITED STATES v. EIN CHEMICAL CORPORATION

161 F.Supp. 238 (1958)

UNITED STATES of America, Plaintiff, v. EIN CHEMICAL CORPORATION, Max Ein Minerals Corporation and Max M. Ein, Defendants.

United States District Court S. D. New York.

April 17, 1958.

Attorney(s) appearing for the Case

Paul W. Williams, U. S. Atty., Southern District of New York, New York City, Gerard L. Goettel, Asst. U. S. Atty., New York City, of counsel, for plaintiff.

Benjamin Barondess, New York City, for defendants.

FREDERICK van PELT BRYAN, District Judge.

The plaintiff United States moves on various grounds, pursuant to Rule 12 (b) and (f), Fed.Rules Civ.Proc., 28 U.S. C.A., to strike from the answer of the corporate defendants a separate defense, two counterclaims and a set-off and counterclaim.

The action arises out of alleged overpayments made to defendants by the Economic Cooperation Administration in 1950-1951 for sulphur supplied by defendants to France under...

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