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QUIGLEY v. GENERAL MOTORS CORP.

Civ. A. No. 85-2458-S.

647 F.Supp. 656 (1986)

Janet QUIGLEY, et al., Plaintiffs, v. GENERAL MOTORS CORP., et al., Defendants.

United States District Court, D. Kansas.

October 23, 1986.

Attorney(s) appearing for the Case

John A. Holtmann and Gerald T. Elliott, Elliott & Holtmann, Overland Park, Kan., for plaintiffs.

John J. Jurcyk, McAnany, Van Cleave & Phillips, P.A., Kansas City, Kan., Arthur P. Greenfield and Richard Shapiro, Winston & Strawn, Phoenix, Ariz., for General Motors Corp.

James E. Lockwood, Brenner, Lockwood & Peterson, and Ronald C. Newman, Mustain & Newman, Chtd., Kansas City, Kan., for APAC-Kansas, Inc.

Donald D. Jarrett, Chief Legal Counsel for Bd. of County Commissioners of Johnson County, and Philip S. Harness, Johnson County Counselor, Olathe, Kan., for Bd. of County Com'rs of Johnson County.

MEMORANDUM AND ORDER

SAFFELS, District Judge.

This matter is before the court on plaintiffs' motion to strike the fifth defense of defendant Board of County Commissioners of Johnson County, Kansas, pursuant to Rule 12(f) of the Federal Rules of Civil Procedure. In its fifth defense to plaintiffs' amended complaint, defendant raised the affirmative defense of failure to follow a condition precedent (i.e., the requirement of giving written notice to...

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