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NARRAGANSETT TRIBE, ETC. v. SO. R. I. LAND DEVEL. CORP.

Civ. A. Nos. 750006, 750005.

418 F.Supp. 798 (1976)

NARRAGANSETT TRIBE OF INDIANS v. SOUTHERN RHODE ISLAND LAND DEVELOPMENT CORP. et al. NARRAGANSETT TRIBE OF INDIANS v. Dennis J. MURPHY.

United States District Court, D. Rhode Island.

Second Memorandum and Order July 16, 1976.

Attorney(s) appearing for the Case

Charles G. Edwards, Providence, R. I., Barry A. Margolin, Boston, Mass., for plaintiff.

Frank L. Hinckley, Jr., Narragansett, R. I., John P. Toscano, Jr., Westerly, R. I., Archibald B. Kenyon, Jr., Wakefield, R. I., Harold P. Soloveitzik, Westerly, R. I., Joan M. Montalbano, N. Providence, R. I., Francis Castrovillari, Cranston, R. I., David W. Dumas, Providence, R. I., Charles Nardone, Vincent Naccarato, Westerly, R. I., Allen P. Rubine, Asst. Atty. Gen., James A. Jackson, Providence, R. I., for Southern R. I. Land Development Corp. et al.

Allen P. Rubine, Asst. Atty. Gen., Providence, R. I., for Dennis Murphy.

OPINION

PETTINE, Chief Judge.

Plaintiff in these consolidated actions has filed a motion to strike certain defenses raised by all or some of the defendants as insufficient as a matter of law, pursuant to Rule 12(f), Fed.R.Civ.P. Both the standards for determining this motion and the sufficiency of the challenged defenses are at issue and have been fully briefed.

I

It is not enough merely to echo the oft-repeated statement that courts should...

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