CIPRARI v. SERVICOS AEREOS CRUZEIRO


245 F.Supp. 819 (1965)

Angelo P. CIPRARI, Plaintiff, v. SERVICOS AEREOS CRUZEIRO do sul, S.A. (CRUZEIRO), Defendant.

United States District Court S. D. New York.

September 29, 1965.


Attorney(s) appearing for the Case

Kreindler & Kreindler, New York City, for plaintiff; Lee S. Kreindler, Milton G. Sincoff, Gerald A. Robbie, New York City, of counsel.

Debevoise, Plimpton, Lyons & Gates, New York City, for defendant; Samuel E. Gates, Robert B. von Mehren, John D. Niles, New York City, of counsel.


WYATT, District Judge.

This is a motion by plaintiff for an order under Fed.R.Civ.P. 12(f) striking from the answer the "Second Defense" to the "First Cause of Action" or, in the alternative, for partial summary judgment under Fed.R.Civ.P. 56 striking said "Second Defense".

On motions to strike under Fed.R.Civ.P. 12(f) material outside the pleadings may not properly be considered. Since there are some facts outside the pleadings which are stipulated or otherwise...

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