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BERGMAN v. DE SIEYES

71 F.Supp. 334 (1946)

BERGMAN v. DE SIEYES.

District Court, S. D. New York.

December 30, 1946.

Attorney(s) appearing for the Case

Katz & Sommerich, of New York City (Henry I. Fillman and Benjamin Busch, both of New York City, of counsel), for plaintiff.

Donovan, Leisure, Newton, Lumbard & Irvine, of New York City (Theodore S. Hope, Jr., of New York City, of counsel), for defendant.

CAFFEY, District Judge.

On motion by plaintiff to strike out the first complete defense in defendant's answer on the ground that it is insufficient in law.

This defense alleges that, at all times mentioned in the complaint, defendant was a citizen of the Republic of France; that, at the time of the commencement of the action and also at the time of the service on him of the summons and complaint, he was the duly appointed, acting and accredited Minister of...

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