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HANES v. JOHNS

No. 458-A.

56 F.2d 241 (1932)

HANES v. JOHNS et al.

District Court, W. D. New York.

February 16, 1932.

Attorney(s) appearing for the Case

Sutherland & Dwyer, of Rochester, N. Y., for plaintiff.

Maloney & Foster, of Rochester, N. Y., for defendants.

KNIGHT, District Judge.

This is a motion to compel the defendants to accept service of plaintiff's reply to defendants' counterclaim. On December 14, 1931, a motion was argued before this court on an application for an order striking out so much of the counterclaim set up in defendants' answer wherein the defendants asked for affirmative equitable relief, "on the ground that said prayer for relief demands affirmative equitable relief to which the defendants are not...

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