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MATHER v. CLYDE S. S. CO.

No. 119.

37 F.2d 49 (1930)

MATHER et al. v. CLYDE S. S. CO.

Circuit Court of Appeals, Second Circuit.

January 6, 1930.

Attorney(s) appearing for the Case

Barry, Wainwright, Thacher & Symmers, of New York City (Herbert Barry and John C. Crawley, both of New York City, of counsel), for appellants.

Evan Shelby, of New York City (John E. Walker, of New York City, of counsel), for appellee.

Before MANTON, AUGUSTUS N. HAND, and CHASE, Circuit Judges.

CHASE, Circuit Judge (after stating the facts as above).

In dealing with the motion to dismiss, we shall look only to the complaint, accepting its allegations as true, Felt v. Germania Life Ins. Co., 149 App. Div. 14, 133 N.Y.S. 519, as there has been no admission by the plaintiffs of any part of the answer, and, without such admission, under the New York Civil Practice Act, § 243, allegations of new matter in the answer are "deemed controverted by the adverse...

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