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LEHMANN TRADING CORPORATION v. J & H STOLOW, INC.

184 F.Supp. 21 (1960)

LEHMANN TRADING CORPORATION, Ghana Philatelic Agency, Ltd., Togo Philatelic Agency, Ltd., and Suriname Philatelic Agency, Ltd., Plaintiffs v. J & H STOLOW, INC., Fatoullah & Lazar, Inc., Khanbaba Fatoullah and Nedjat Lazar, individually and as co-partners doing business as Fatoullah and Lazar, Francis J. Parker and Marian Parker, individually and as co-partners doing business as Tribune Stamp Co., Jack Kantor, doing business as Kent Stamp Company, Leonid Tankel, doing business as General Stamp Co., John H. Lepane, Jack Rubin and Julius H. Stolow, Defendants.

United States District Court S. D. New York.

May 27, 1960.

Attorney(s) appearing for the Case

Lester Lewis Jay, New York City, for plaintiffs.

Rosenman, Goldmark, Colin & Kaye, New York City, Asa D. Sokolow, New York City, of counsel, for all defendants except defendant Leonid Tankel, d/b/a General Stamp Co.

DIMOCK, District Judge.

Plaintiffs in this private antitrust action move under Rule 12(f), F.R.Civ.P., to strike certain defenses as "insufficient in law". As enumerated in defendants' answer these defenses are:

"Second Defense "13. The complaint fails to state a claim against any of the defendants upon which relief can be granted. "Third Defense "14. Plaintiffs have...

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