Bitsos v. Red Owl Stores, Inc.

MEMORANDUM DECISION

NICHOL, Chief Judge.

In this action for loss of consortium, the plaintiff, Fernande C. Bitsos, has moved to strike paragraphs V and VI of the defendant’s, Red Owl Stores, Inc., answer. Jurisdiction is based upon diversity of citizenship and the requisite amount in controversy.

A brief chronology of the events as stipulated to by both counsel is necessary before reaching the substance of the plaintiff’s motion.

August 18, 1968 — Anthony (Tony) Bitsos, plaintiff’s husband, while in the Yankton, South Dakota, Red Owl Store to repair air conditioning and refrigeration equipment,…