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MacANDREWS & FORBES CO. v. AMERICAN BARMAG CORP.

Civ. A. No. 71-1218.

339 F.Supp. 1401 (1972)

MacANDREWS & FORBES COMPANY, a New Jersey Corporation, Plaintiff, v. AMERICAN BARMAG CORPORATION, a North Carolina Corporation, and Barmag Barmer Maschinenfabrik Aktiengesellschaft, an alien Corporation, Federal Republic of Germany, Defendants.

United States District Court, D. South Carolina, Columbia Division.

March 28, 1972.

Attorney(s) appearing for the Case

Harold W. Jacobs, and Wilburn Brewer, Jr., Columbia, S. C., for plaintiff.

Claude M. Scarborough, Jr., of Nelson, Mullins, Grier & Scarborough, Columbia, S. C., and Jack Knight, of Fleming, Robinson & Bradshaw, Charlotte, N. C., for defendants.

ORDER

HEMPHILL, District Judge.

Defendants move to strike that portion of plaintiff's complaint catalogued as Count Three on the grounds that the allegations thereof are immaterial and do not state sufficient facts to constitute a claim upon which relief can be granted against these defendants.

The background of the case is of import. Plaintiff owns and operates, in McBee, South Carolina a textile plant wherein raw yarn of various types is texturized...

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