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GUNDER v. NEW YORK TIMES CO.

37 F.Supp. 911 (1941)

GUNDER v. NEW YORK TIMES CO.

District Court, S. D. New York.

February 14, 1941.

Attorney(s) appearing for the Case

Lester Lyons, of New York City, for plaintiff.

Cook, Nathan, Lehman & Greenman, of New York City (Emil Goldmark, Louis M. Loeb, Irving Moskovitz, all of New York City, of counsel), for defendant.

CONGER, District Judge.

Plaintiff has moved for an order striking out all of the affirmative defenses in the answer as legally insufficient, and striking out specific paragraphs as irrelevant, etc.

Although opposing the motion on the merits, defendant has challenged the sufficiency of the complaint, and asks that it be dismissed. Both under the state and federal practice, the principle is well settled that a bad...

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