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JAMES KING & SON, INC. v. INDEMNITY INSURANCE COMPANY

178 F.Supp. 146 (1959)

JAMES KING & SON, INC., Plaintiff, v. INDEMNITY INSURANCE COMPANY OF NORTH AMERICA, Defendant and Third-Party Plaintiff, George F. Sauter and Kenneth Sauter, individually and as co-owners, doing business under the firm name and style of G. F. Sauter & Son, Third-Party Defendants.

United States District Court S. D. New York.

October 29, 1959.

Attorney(s) appearing for the Case

Havens, Wandless, Stitt & Tighe, New York City, for plaintiff, Adelbert C. Matthews, Jr., and Alan Prigal, New York City, of counsel.

Samuel Gottesman, New York City, for defendant and third-party plaintiff.

Murray Feigenbuam, New York City, for third-party defendant.

RYAN, Chief Judge.

These two motions are filed by the plaintiff, James King & Son, Inc. to strike from the answer of third-party defendants G. F. Sauter & Son an affirmative defense and a claim which the third-party defendants assert against the plaintiff.

It is alleged in the pleadings that plaintiff, a New York corporation, with its principal place of business at 350 Fifth Avenue, New York City, contracted on March 21, 1957, with the Hospital Association...

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