Day & Zimmerman, Inc. v. Feraco

BARD, District Judge.

This is a motion by plaintiffs to strike certain matter from the answer of F. Feraco, defendant and third-party plaintiff, as immaterial, insufficient in law, failing to set forth a defense to the cause of action, and not responsive to the issue made under Federal Rules of Civil Procedure, Rule 12(f), 28 U.S.C.A. following section 723c.

The complaint alleges that defendant, a common carrier, entered into an oral contract with plaintiffs for the transportation of certain machinery from Philadelphia to Cressona, Pennsylvania; that the machinery was seriously damaged while in…