Legal Opinion
Ciprari v. Servicos Aereos Cruzeiro Do Sul
District Court, S.D. New York
Decided September 29, 1965PublishedCited by 24 opinions
1Opinion of the Court
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 beyond dispute and which ought to be considered on this motion, it is treated as one for partial summary judgment. For reasons which…
2Cases cited8 opinions
- Babcock v. JacksonNew York Court of Appeals · 1963
- Kilberg v. Northeast Airlines, Inc.New York Court of Appeals · 1961
- Bryant v. Finnish National AirlineNew York Court of Appeals · 1965
- Dym v. GordonNew York Court of Appeals · 1965
- Beatrice Antonette Tramontana v. S. A. Empresa De Viacao Aerea Rio Grandense, a Brazilian Corporation, T/a Varig AirlinesCourt of Appeals for the D.C. Circuit · 1965
3 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Diamond Scientific Co. v. Ambico, Inc. And Clarence Joseph WelterCourt of Appeals for the Federal Circuit · 1988
- Elaine Rosenthal, as of the Estate of Martin C. Rosenthal, Deceased v. Kenneth W. Warren, and New England Baptist HospitalCourt of Appeals for the Second Circuit · 1973
- Carter-Wallace, Inc. v. Riverton Laboratories, Inc.District Court, S.D. New York · 1969
- OKC Corp. v. WilliamsDistrict Court, N.D. Texas · 1978
- Franco v. National Capital Revitalization Corp.District of Columbia Court of Appeals · 2007
19 more not listed; retrieve them via the Exa API.