Rockwell Mfg. Co. v. Evans Enterprises, Inc.

KNIGHT, Chief Judge.

The plaintiff has made two motions (1) for an order striking from paragraph 8 of the answer the averment: “and defendants aver that Rockwell has marked the number of the Letters Patent on gas pressure regulators which are not covered by said Letters Patent.” on the ground that such averment is immaterial, impertinent and scandalous and is prejudicial to plaintiffs, and for an order striking from the answer the averments of paragraph 9, which reads as follows: “Rockwell is barred by its laches from the relief prayed for herein.” on the ground that paragraph 9 constitutes an…