AMERICAN TCP CORPORATION v. SHELL OIL COMPANY


127 F.Supp. 208 (1955)

AMERICAN TCP CORPORATION, Plaintiff, v. SHELL OIL COMPANY, Defendant.

United States District Court, S. D. New York.

January 10, 1955.


Attorney(s) appearing for the Case

Bruce B. Clyman, New York City, for plaintiff.

Wickes, Riddell, Bloomer, Jacobi & McGuire, New York City, for defendant.


BICKS, District Judge.

At issue is defendant Shell Oil Company's motion under Rule 12(f), F. R.Civ.Proc., 28 U.S.C.A., to strike as "immaterial and impertinent" several allegations of a complaint by American TCP Corporation. Such "motions", the law seems settled, "are not favored. Matter will not be stricken from a pleading unless it is clear that it can have no possible bearing upon the subject matter of the litigation. If there is any doubt as to whether under any...

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