Meek v. Miller

JOHNSON, District Judge.

This is a motion by plaintiff under Rule 12(f) of the Federal Rules of Civil Procedure, 28 U.S.C.A. following section 723c, to strike out paragraph 12 of defendant’s answer to plaintiff’s complaint. The action is brought to recover damages for injuries resulting from an automobile collision involving the cars of plaintiff and defendant. The basis of plaintiff’s complaint is defendant’s negligence. After replying to the complaint defendant added a paragraph as follows: “12. Claims were made by the defendant and his wife, who was an occupant in his automobile, against…