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BARRETTE v. HOME LINES, INC.

168 F.Supp. 141 (1958)

Alice K. BARRETTE, Plaintiff, v. HOME LINES, INC., Defendant.

United States District Court S. D. New York.

December 12, 1958.

Attorney(s) appearing for the Case

Sargent & Sand, New York City, and Louis G. Davidson, Chicago, Ill., for plaintiff.

Gray & Wythe, New York City, for defendant, by Horace M. Gray, New York City, of counsel.

IRVING R. KAUFMAN, District Judge.

Plaintiff moves under Rule 12(f), Fed. R.Civ.P., 28 U.S.C.A. for an order striking paragraphs Tenth and Eleventh of the answer, which constitute the third affirmative defense.1

The complaint alleges that on June 15, 1957 the plaintiff, Alice K. Barrette, was injured aboard defendant's ship, the S/S Homeric, through the negligence of defendant. The third affirmative defense in the answer pleads...

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