Wittnebel v. Loughman

PATTERSON, District Judge.

The suit is in equity by a stockholder of a failed national bank against the receiver to obtain inspection of the books and records of the bank. The receiver’s motion to dismiss the amended bill was denied. Wittnebel v. Loughman (D. C.) 9 F. Supp. 465. The receiver then answered. The present motion is by the plaintiff to strike out the separate defense set forth in the answer as insufficient in law; also, to strike out the balance of the answer as insufficient in law and tendering no issue to be tried.

While the answer contains denials of several portions of the…