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FRIEDMAN v. SWIFT & CO.

18 F.Supp. 596 (1937)

FRIEDMAN v. SWIFT & CO.

District Court, S. D. New York.

January 27, 1937.

Attorney(s) appearing for the Case

Wikler, Gottlieb & Wikler, of New York City (M. Michael Edelstein, of New York City, of counsel), for plaintiff.

Lewis A. Ackley, of New York City, for defendant.

KNOX, District Judge.

This is a motion by plaintiff under rule 109(6) of the Rules of Civil Practice, and section 262 of the Civil Practice Act, to strike out two affirmative defenses. The action was brought in the Supreme Court of New York and removed here for diversity of citizenship.

The complaint is presented in the form of two causes of action, one for fraud and deceit, and the other for negligence. The first of these states that plaintiff was engaged...

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