Tevington v. International Milling Co.

KNIGHT, District Judge.

Plaintiff moves for an order striking out International Milling Company’s fourth defense (paragraphs 7, 8, and 9 in their amended answer to the amended complaint) on the ground that the defense therein alleged is invalid and improper, redundant, immaterial, impertinent and scandalous and highly prejudicial and not a legal defense.

The fourth defense is that plaintiff was an employee of the Grain Handlers Corporation, which corporation had complied with the Longshoremen’s & Harbor Workers’ Compensation Act, 33 U.S.C.A. § 901 et seq., and that plaintiff was paid…