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REAM v. CALLAHAN

No. 1697.

42 F.Supp. 951 (1942)

REAM v. CALLAHAN.

District Court, E. D. New York.

January 13, 1942.

Attorney(s) appearing for the Case

Kadel, Sheils & Weiss, of New York City (John P. Walsh, of New York City, of counsel), for plaintiff.

McDermott & Turner, of New York City (Charles J. McDermott and Thomas R. Hart, Jr., both of New York City, of counsel), for defendant.

CAMPBELL, District Judge.

This case comes before this court on two motions.

1. Motion made on behalf of the plaintiff to strike out the first defense set forth in the answer on the ground that it is insufficient. The defense in question alleges: "1. That the complaint fails to state a claim against the defendant upon which relief can be granted."

2. A counter-motion made on behalf of the defendant for judgment on the pleadings under Rule 12(c) of the...

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