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BOSTON & MAINE CORP. v. CHICAGO, BURLINGTON & QUINCY R.

No. 65 Civ. 3711.

258 F.Supp. 930 (1966)

BOSTON AND MAINE CORPORATION, Plaintiff, v. CHICAGO, BURLINGTON AND QUINCY RAILROAD, Defendant.

United States District Court S. D. New York.

October 4, 1966.

Attorney(s) appearing for the Case

Donovan, Leisure, Newton & Irvine, New York City, for plaintiff; M. Lauck Walton, Craig B. Ward, New York City, of counsel.

Clark, Carr & Ellis, New York City, for defendant; Donald L. Wallace, Timothy C. Quinn, Jr., New York City, of counsel.

WYATT, District Judge.

This is a motion by plaintiff Boston and Maine Corporation ("B&M") for summary judgment on the first claim in its complaint (Fed.R.Civ.P. 56), and for an order striking as insufficient and immaterial all of the complete and partial defenses of defendant Chicago, Burlington and Quincy Railroad ("Burlington"). Fed.R.Civ.P. 12(f).

In an order with opinion being filed herewith, leave is being granted to Burlington to serve an amended...

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