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TRUCK INS. EXCHANGE v. BOARD OF COUNTY ROAD COM'N

Civ. A. No. 4645.

244 F.Supp. 782 (1965)

TRUCK INSURANCE EXCHANGE, a California corporation, Subrogee of A & C Carriers, Inc., and Ivan St. John Company, Plaintiffs, v. The BOARD OF COUNTY ROAD COMMISSIONERS OF the COUNTY OF MONTCALM, Defendant.

United States District Court W. D. Michigan, S. D.

September 7, 1965.

Attorney(s) appearing for the Case

Hathaway, Latimer, Clink & Robb, Muskegon, Mich., Robert J. VanLeuven, Muskegon, Mich., of counsel, for plaintiffs.

Cholette, Perkins & Buchanan, Grand Rapids, Mich., Richard D. Ward, Grand Rapids, Mich., of counsel, for defendant.

FOX, District Judge.

This is a motion by plaintiff to strike allegations of contributory negligence from defendant's answer under Rule 12 (f) of the Federal Rules of Civil Procedure.

The facts of the case, insofar as pertinent to this motion, are relatively straightforward. Plaintiff's insured, Ivan St. John Company, owned a 1959 White semi-tractor which it leased to A & C Carriers, Inc., also insured by plaintiff under a lease agreement submitted to the...

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