Rosenblatt v. United Air Lines, Inc.

CASHIN, District Judge.

This is a motion by plaintiff under Rule 12(f) of the Federal Rules of Civil Procedure, 28 U.S.C.A. to strike two affirmative defenses pleaded by one of the defendants, on the ground that they are not relevant to the issues and are sham.

Plaintiff, a New York resident, sues, as Executor of the estate of the decedent who was a resident, at the time of his death, of New Hampshire. The cause of action is based upon the wrongful death statute of the State of Arizona, in which State the plaintiff’s decedent died when air liners of the two defendants collided in mid-air and…