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TEVINGTON v. INTERNATIONAL MILLING CO.

Civil Action No. 1889.

62 F.Supp. 462 (1945)

TEVINGTON v. INTERNATIONAL MILLING CO. et al.

District Court, W. D. New York.

September 7, 1945.

Attorney(s) appearing for the Case

William J. Brock, of Buffalo, N. Y., for plaintiff.

Adams, Smith, Brown & Starrett, of Buffalo, N. Y. (Edmund S. Brown, of Buffalo, N.Y., of counsel), for defendant International Milling Co.

KNIGHT, District Judge.

Plaintiff moves for an order striking out International Milling Company's fourth defense (paragraphs 7, 8, and 9 in their amended answer to the amended complaint) on the ground that the defense therein alleged is invalid and improper, redundant, immaterial, impertinent and scandalous and highly prejudicial and not a legal defense.

The fourth defense is that plaintiff was an employee of the Grain Handlers Corporation, which corporation...

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