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ALLEGAERT v. CHEMICAL BANK

No. 74 Civ. 1516.

418 F.Supp. 690 (1976)

Winthrop J. ALLEGAERT, as Trustee in Bankruptcy of duPont Walston Incorporated, Plaintiff, v. CHEMICAL BANK, Defendant.

United States District Court, E. D. New York.

August 25, 1976.

Attorney(s) appearing for the Case

Hughes, Hubbard & Reed, New York City, for plaintiff.

Shea, Gould, Climenko & Kramer, New York City, for defendant.

MEMORANDUM AND ORDER

PLATT, District Judge.

PRELIMINARY STATEMENT

Plaintiff moves pursuant to Rule 12(f) of the Federal Rules of Civil Procedure for an order striking from defendant's answer its Fifth Defense to All Counts of the plaintiff's complaint.

The motion is assertedly brought pursuant to the direction of The Hon. Max Schiffman, United States Magistrate, as a result of a pretrial conference which dealt informally with certain discovery...

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