BLATT v. EAKIN

Civ. A. 18520.

166 F.Supp. 4 (1958)

Leo BLATT, as Trustee in Bankruptcy of the Estate of H. Earl Eakin, Inc., Bankrupt, Plaintiff, v. H. Earl EAKIN, Emilie Lou Eakin, and Student Portraits, Inc., Defendants.

United States District Court E. D. New York.

October 3, 1958.


Attorney(s) appearing for the Case

I. Robert Bassin, Jamaica, for plaintiff.

Kelly, Hyman & Deeley, Freeport, for defendants, by Allan Hyman, Freeport, of counsel.


BYERS, Chief Judge.

This is a plaintiff's motion to strike defenses and counterclaim, and is disposed of as follows:

As to the first affirmative defense and counterclaim, the motion is denied, without prejudice to its renewal at an appropriate time during or after the completion of the trial.

As to the third defense, the motion is granted, without prejudice to the right of the defendant to assert all of the matters so pleaded in connection with the...

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