Motion by plaintiff for an order (1) striking the third affirmative defense from the answer of the defendant Baviello and (2) striking all three affirmative defenses from the amended answer of the defendant Port Norris Express Co., Inc.
Presumably the motion is made pursuant to rule 109 of the Rules of Civil Practice. Both sides, however, have submitted affidavits. Since there is no dispute as to the facts and all affidavits agree thereon...
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