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BOWER v. CASANAVE

44 F.Supp. 501 (1941)

BOWER v. CASANAVE.

District Court, S. D. New York.

November 6, 1941.

Attorney(s) appearing for the Case

Hartman, Sheridan & Tekulsky, of New York City, Charles Ballon, of New York City, for plaintiff.

Gustave Simons, of New York City (Theodore E. Wolcott, of New York City, of counsel), for defendant.

CONGER, District Judge.

The plaintiff has moved to strike out all thirteen affirmative defenses in the answer as sham, immaterial, irrelevant, and insufficient in law, and for judgment "on the complaint". Defendant has cross-moved for judgment on the pleadings or in the alternative to compel a reply to the affirmative defenses.

The action is based upon a judgment entered in the Municipal Court of the City of Chicago. Diversity of citizenship and the statutory...

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