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McKENNA v. UNITED STATES LINES

26 F.Supp. 558 (1939)

McKENNA et al. v. UNITED STATES LINES, Inc.

District Court, S. D. New York.

January 19, 1939.

Attorney(s) appearing for the Case

Melton, Lebovici & Arkin, of New York City, for plaintiffs.

Kirlin, Campbell, Hickox, Keating & McGrann, of New York City, for defendant.

HULBERT, District Judge.

Defendant moves for a bill of particulars.

Before the new Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, were promulgated, if a pleading were defective the remedy was to move for an order directing that it be made more definite and certain. A bill of particulars could not be had until after issue joined.

Apparently Rule 12 (e) was designed to avoid any distinction between these two practice motions (Moore...

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