REED CO. v. INTERNATIONAL CONTAINER CORPORATION


43 F.Supp. 644 (1942)

REED CO., Inc., v. INTERNATIONAL CONTAINER CORPORATION et al.

District Court, S. D. New York.

January 17, 1942.


Attorney(s) appearing for the Case

George G. Lake, of New York City, for plaintiff.

Hurd, Hamlin & Hubbell, of New York City (Emerson F. Davis, of New York City, of counsel), for defendant International Container Corporation and another.

Thomas H. Matters, Jr., of New York City, for defendant Simon F. Peavey, Jr.


COXE, District Judge.

This is a motion by the plaintiff to strike from the amended answers of two of the defendants affirmative defenses setting up the statute of limitations. There are also cross-motions by the defendants for summary judgment dismissing the complaint.

The action is for damages for malicious prosecution of an involuntary bankruptcy proceeding against the plaintiff.

The complaint alleges that the defendants maliciously and without probable...

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