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TREBUHS REALTY CO. v. NEWS SYNDICATE CO.

107 F.Supp. 595 (1952)

TREBUHS REALTY CO., Inc. et al. v. NEWS SYNDICATE CO., Inc. et al.

United States District Court S. D. New York.

Motion for Reargument Denied October 10, 1952.

Attorney(s) appearing for the Case

Klein & Weir, New York City, for plaintiffs.

McCauley & Henry, New York City, Clarence J. Shearn, Jr., New York City, of counsel, for defendants Hearst Corp. and Hearst Consolidated Publications, Inc.

Brown, Cross & Hamilton, New York City, E. Douglas Hamilton, New York City, of counsel, for defendant New York Herald Tribune, Inc.

M. Marvin Berger, New York City, for defendant New York Post Corp.

DeWitt, Van Aken & Nast, New York City, Harry H. Van Aken, Thomas A. Diskin, New York City, of counsel, for defendant New York World-Telegram Corp.

WEINFELD, District Judge.

In this action under the Sherman and Clayton Acts, 15 U.S.C.A. §§ 1-7, 15 note, 12 et seq., the plaintiffs move pursuant to Rule 12(f) of the Federal Rules of Civil Procedure, 28 U.S.C.A., to strike affirmative defenses by four of the defendants as insufficient in law, impertinent and immaterial.

The plaintiffs seek an injunction restraining the defendants, publishers of newspapers in New York City, from refusing to sell...

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