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THIERFELD v. POSTMAN'S FIFTH AVENUE CORPORATION

37 F.Supp. 958 (1941)

THIERFELD et al. v. POSTMAN'S FIFTH AVENUE CORPORATION et al.

District Court, S. D. New York.

February 11, 1941.

Attorney(s) appearing for the Case

Louis Barnett, of New York City (Albert T. Scharps, of New York City, of counsel), for plaintiffs.

S. S. Goldsmith, of New York City, for defendants.

CONGER, District Judge.

Plaintiff has made two motions, one to strike out certain denials as sham, and the other to strike out affirmative defenses and a counterclaim from the answer.

Defendants urge that these motions are not timely, and must be denied. The contention is that, pursuant to Federal Rules of Civil Procedure, rule 12(f), 28 U. S.C.A. following section 723c, the motion must be "made" within 20 days after the service of the pleading to which it...

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