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HOWARD v. ROMEN, INC.

Civ. A. No. 77-148-T.

442 F.Supp. 1142 (1977)

Frank HOWARD, Plaintiff, v. ROMEN, INC., a corporation, et al., and the SS IRAZU, her engines, hull, tackle, cargo and appurtenances thereof, Defendants.

United States District Court, S. D. Alabama, S. D.

December 19, 1977.

Attorney(s) appearing for the Case

Christopher E. Peters, Diamond, Lattof & Gardner, Mobile, Ala., for plaintiff.

A. Clay Rankin, III, and J. Hodge Alves, III, both of the firm of Hand, Arendall, Bedsole, Greaves & Johnston, Mobile, Ala., for defendant.

ORDER

DANIEL HOLCOMBE THOMAS, Senior District Judge.

This matter came on for consideration by this Court on plaintiff's motion to strike the fourth defense of defendant's answer, filed on October 6, 1977, and heard by the Court on October 25, 1977.

As grounds for his motion plaintiff asserts that (1) the affirmative defense set forth in defendant's fourth defense is not a legal defense and (2) the affirmative defense is without legal basis. The defendant...

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