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Mosher v. Snyder & Swanson, Inc.

United States District Court, W. D. Pennsylvania
Mar 25, 1948
8 F.R.D. 100 (W.D. Pa. 1948)

Opinion

         Action by C. J. Mosher against Snyder & Swanson, Inc., upon a contract. On plaintiff's motion to strike an affirmative defense from the answer.

         Motion denied in accordance with opinion.

         

          A. M. Oliver, of Pittsburgh, Pa., for plaintiff.

          Metz & Metz, of Pittsburgh, Pa., for defendant.


          GIBSON, District Judge.

         In its answer defendant pleaded certain matter in avoidance of the contract upon which plaintiff based his claim. It thereupon moved the court, pursuant to Rule 8(c) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to order plaintiff to reply to the affirmative defense set forth in the answer. In turn counsel for plaintiff moved to strike from the answer the affirmative defense, alleging that it was redundant and immaterial.

         The motion of the plaintiff to strike from the answer the affirmative defense set forth therein having come on to be heard, upon consideration thereof it is ordered and adjudged that said motion to strike be, and the same hereby is, denied; and it is further ordered that plaintiff answer said affirmative defense on or before fifteen (15) days from the date hereof.


Summaries of

Mosher v. Snyder & Swanson, Inc.

United States District Court, W. D. Pennsylvania
Mar 25, 1948
8 F.R.D. 100 (W.D. Pa. 1948)
Case details for

Mosher v. Snyder & Swanson, Inc.

Case Details

Full title:MOSHER v. SNYDER & SWANSON, Inc.

Court:United States District Court, W. D. Pennsylvania

Date published: Mar 25, 1948

Citations

8 F.R.D. 100 (W.D. Pa. 1948)

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