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SWEENEY v. BUFFALO COURIER EXPRESS

Nos. 335, 336.

35 F.Supp. 446 (1940)

SWEENEY v. BUFFALO COURIER EXPRESS, Inc. SAME v. POST PUB. CO., Inc.

District Court, W. D. New York.

July 24, 1940.

Attorney(s) appearing for the Case

Holt, Holt & Holt, of Buffalo, N. Y., for plaintiff.

Price & Miller, of Jamestown, N. Y., for defendant Post Pub. Co.

Falk, Phillips, Twelvetrees & Falk, of Buffalo, N. Y., for defendant Buffalo Courier Express, Inc.

KNIGHT, District Judge.

The causes of action herein are based upon an alleged libel published in the same form by both defendants, and the cases will be treated as one. Plaintiff moves to strike out the answer of defendant as insufficient in law for the reason that it fails to set forth the facts constituting the alleged defenses but pleads by conclusion only. In the alternative plaintiff moves for a bill of particulars wherein defendant shall state all facts, in...

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