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McCORMICK v. WOOD

156 F.Supp. 483 (1957)

C. Basil McCORMICK and Hugh C. Van Valkenburgh, Plaintiffs, v. C. Marshall WOOD and Savard & Hart, a Partnership, Defendants.

United States District Court S. D. New York.

November 14, 1957.

Attorney(s) appearing for the Case

Clarence P. Greer, New York City, for plaintiffs. Melvin J. Zalel, of counsel.

Simpson, Thacher & Bartlett, New York City, for defendant C. Marshall Wood. William J. Granger, Roy L. Reardon, New York City, of counsel.

Reed & Crane, New York City, for defendant Savard & Hart. Martin J. Coughlin, New York City, of counsel.

IRVING R. KAUFMAN, District Judge.

A decision on the question of law presented by plaintiffs' motion to strike certain affirmative defenses interposed by both defendants should await a resolution of the facts. The sufficiency of the affirmative defenses being dependent on a determination of the nature of the relationship existing between the parties, the defendants should not be deprived at the outset of the proceedings of the opportunity to develop the facts upon...

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