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RADTKE PATENTS CORPORATION v. C. J. TAGLIABUE MFG. CO.

No. 549.

31 F.Supp. 226 (1939)

RADTKE PATENTS CORPORATION v. C. J. TAGLIABUE MFG. CO., Inc.

District Court, E. D. New York.

December 28, 1939.

Attorney(s) appearing for the Case

Leonard Day, of New York City (Henry Turin, of New York City, of counsel), for plaintiff.

Briesen & Schrenk, of New York City (Hans V. Briesen, of New York City, of counsel), for defendant.

CAMPBELL, District Judge.

This is a motion to strike, under Rule 12 (f) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c.

Such a motion is not favored, and will be granted only when the allegations have no possible relation to the controversy. Hansen Packing Co. v. Armour & Co., D.C., 16 F.Supp. 784, 787.

This is true even though the matter is shown to be false by the moving affidavits...

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