O'REILLY v. CURTIS PUB. CO.

No. 7022.

22 F.Supp. 359 (1938)

O'REILLY v. CURTIS PUB. CO.

District Court, D. Massachusetts.

March 2, 1938.


Attorney(s) appearing for the Case

Dangel & Sherry and Edward M. Dangel, all of Boston, Mass., for plaintiff.

Maxwell E. Foster, of Boston, Mass., Choate, Hall & Stewart, John L. Hall, John M. Hall, and Bailey Aldrich, all of Boston, Mass., for defendant.


McLELLAN, District Judge.

The plaintiff moves that pages numbered 2 and 3 of the defendant's answer to the plaintiff's amended declaration be stricken out. These pages read:

"And further answering, the defendant says that if it ever published or disseminated the written matter annexed to plaintiff's amended declaration as `B,' which includes excerpts annexed as `A,' said written matter in fact constituted an instalment...

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