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OKLAHOMA GAS & ELECTRIC CO. v. BATES EXPANDED STEEL TRUSS CO.

No. 3.

11 F.2d 415 (1926)

OKLAHOMA GAS & ELECTRIC CO. v. BATES EXPANDED STEEL TRUSS CO.

District Court, D. Delaware.

February 17, 1926.

Attorney(s) appearing for the Case

Robert H. Richards, of Wilmington, Del., for plaintiff.

Wm. S. Hilles, of Wilmington, Del., for defendant.

MORRIS, District Judge.

To the first and second counts of the amended declaration filed by Oklahoma Gas & Electric Company in its action in case brought against Bates Expanded Steel Truss Company, the defendant has demurred specially on the ground of duplicity. As I understand those counts, each is duplicitous. That pleadings must not be double is a common-law rule of remote antiquity. If that rule is absolute and peremptory; if, regardless of the facts pleaded...

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