QUITTNER v. MOTION PICTURE PRODUCERS & DISTRIBUTORS OF AMERICA


50 F.2d 266 (1931)

QUITTNER et al. v. MOTION PICTURE PRODUCERS & DISTRIBUTORS OF AMERICA, Inc., et al.

District Court, S. D. New York.

March 17, 1931.


Attorney(s) appearing for the Case

Graham & Reynolds, of New York City, for plaintiffs.

Elek John Ludvigh, of New York City, for defendants, other than Motion Picture Producers & Distributors of America, Inc.

Gabriel L. Hess, of New York City, for defendant Motion Picture Producers & Distributors of America, Inc.

Louis Phillips, of New York City, on the brief, for defendants.


COXE, District Judge.

This is an application by the defendants to strike out paragraphs fifteenth, sixteenth, seventeenth to twenty-third, inclusive, and thirty-eighth, of the complaint, on the ground the allegations are repetitious and irrevelant. The motion is made under rule 103 of the New York Rules of Civil Practice; and it is not resisted by the plaintiffs in so far as directed against paragraphs fifteenth and thirty-eighth. It is insisted, however, by the plaintiffs...

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