PORTER v. HAINES

No. 4115.

66 F.Supp. 510 (1946)

PORTER, Price Administrator, v. HAINES.

District Court, W. D. Missouri, W. D.

June 26, 1946.


Attorney(s) appearing for the Case

Dick F. Bennett, Dist. Enforcement Atty., and Eugene F. O'Keefe and Stephen V. Medling, Enforcement Attys., all of Kansas City, Mo., for plaintiff.

Richard K. Phelps and Gage, Hillix, Shrader, Cowhead, & Phelps, all of Kansas City, Mo., for defendant.


REEVES, District Judge.

The defendant has filed two separate motions, the one to dismiss the complaint on the ground that it fails to state facts for which relief may be granted, and the other, to strike out certain averments repeated in each count of the complaint. Such averments relate to the price allowed for a second-hand automobile as a part of the purchase price for a new automobile. Such averments are challenged by the defendant as the pleading of evidence...

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