MARTIN v. AMERICAN HOME PRODUCTS CORP.


94 F.Supp. 57 (1950)

MARTIN v. AMERICAN HOME PRODUCTS CORP. et al.

United States District Court S. D. New York.

October 24, 1950.


Attorney(s) appearing for the Case

John M. Cole, New York City (Joshua R. H. Potts and Basel H. Brune, Philadelphia, Pa., of counsel), for plaintiff.

Munn, Liddy & Glaccum, New York City (Benj. B. Schneider, Chicago, Ill., of counsel), for all defendants except Ayerst of Canada.


COXE, District Judge.

These are motions (1) by all of the defendants (except Ayerst, McKenna & Harrison, Limited, of Canada, which has not been served with process), to dismiss Count I of the complaint for failure to state a claim, or, in the alternative, to strike certain specified paragraphs of the count; and (2) by defendants American Home Products Corporation and Fort Dodge Laboratories, Inc. to strike Paragraph 9 of Count II.

In Count I the plaintiff...

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