Defendant moves, pursuant to rule 103 of the Rules of Civil Practice, for an order striking out paragraphs 4, 5, 6, 7 and 8 of the first cause of action contained in the amended complaint, and, pursuant to rule 106, for dismissal of the first cause of action upon the grounds of plaintiff's lack of legal capacity to sue and legal insufficiency. The cause of action is based upon a written...
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